88R540 MLH-F
By: Paxton S.B. No. 417
A BILL TO BE ENTITLED
AN ACT
relating to electronic device filters for certain explicit
material; creating a criminal offense; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121. ELECTRONIC DEVICE FILTERS
SUBCHAPTER A. ELECTRONIC DEVICE FILTER REQUIREMENTS
Sec. 121.001. DEFINITIONS. In this chapter:
(1) "Activate" means the process of powering on an
electronic device and associating the device with a new user
account.
(2) "Electronic device" means a smart phone or tablet
that is capable of connecting to a cellular network and the
Internet.
(3) "Explicit material" means visual material
depicting:
(A) the intimate parts of a person;
(B) sexual conduct; or
(C) simulated sexual conduct.
(4) "Filter" means software installed on an electronic
device that is capable of preventing the device from accessing or
displaying explicit material.
(5) "Intimate parts" has the meaning assigned by
Section 21.16, Penal Code.
(6) "Manufacturer" means a person that:
(A) is engaged in the business of manufacturing
electronic devices; and
(B) maintains a registered agent under Section
5.201, Business Organizations Code.
(7) "Minor" means a person younger than 18 years of age
who:
(A) has never been married;
(B) is not a member of the United States military
forces; and
(C) has not had the disabilities of minority
removed for general purposes.
(8) "Sexual conduct" has the meaning assigned by
Section 21.16, Penal Code.
(9) "Simulated" has the meaning assigned by Section
21.16, Penal Code.
(10) "Visual material" has the meaning assigned by
Section 21.16, Penal Code.
Sec. 121.002. ELECTRONIC DEVICE FILTER REQUIRED. (a) A
manufacturer shall automatically enable a filter on an electronic
device that is activated in this state.
(b) A filter described by Subsection (a), when enabled,
must:
(1) prevent a minor user from accessing, downloading,
or displaying explicit material through use of:
(A) a mobile data network;
(B) an Internet network, including Wi-Fi; or
(C) a software application owned and controlled
by the manufacturer of the electronic device;
(2) notify the user of the electronic device when the
filter prevents the device from accessing or displaying explicit
material;
(3) allow the user of the electronic device to
circumvent the filter by entering a password or access code; and
(4) reasonably prevent a user of the electronic device
from circumventing, modifying, removing, or uninstalling the
filter without entering a password or access code.
Sec. 121.003. VIOLATION. (a) A manufacturer violates this
chapter if:
(1) the manufacturer manufactures an electronic
device that is activated in this state;
(2) the device does not automatically enable a filter
under Section 121.002; and
(3) a minor user accesses explicit material on the
device.
(b) A person violates this chapter if:
(1) the person circumvents, modifies, removes, or
uninstalls a filter under Section 121.002 on the electronic device
of a minor user;
(2) the person is not the parent or legal guardian of
the minor user;
(3) the person takes the action under Subdivision (1):
(A) without permission from the parent or legal
guardian of the minor user; and
(B) with knowledge that circumventing,
modifying, removing, or uninstalling the filter may result in the
minor user accessing explicit material; and
(4) the minor user accesses explicit material on the
device.
(c) Notwithstanding Subsection (a), a manufacturer does not
violate this chapter if the manufacturer makes a good faith effort
to provide an electronic device that automatically enables a filter
under Section 121.002.
SUBCHAPTER B. ENFORCEMENT
Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who
violates Section 121.003(a) is liable to this state for a civil
penalty in an amount not to exceed $30,000 for each violation.
(b) The attorney general may bring an action in the name of
the state to recover a civil penalty under this section. The
attorney general may recover attorney's fees and costs incurred in
bringing an action under this section.
(c) The action may be brought in a district court in:
(1) Travis County; or
(2) a county in which any part of the violation or
threatened violation occurs.
(d) The attorney general shall deposit a civil penalty
collected under this section in the state treasury to the credit of
the general revenue fund.
Sec. 121.052. CIVIL ACTION AGAINST MANUFACTURER. (a) A
parent or guardian of a minor user of an electronic device who
accesses explicit material on the device due to the actions of a
manufacturer under Section 121.003(a) may bring a civil action
against the manufacturer of the device.
(b) A parent or guardian who brings an action under this
section shall provide written notice of the action to the attorney
general.
(c) Notwithstanding Sections 41.003 and 41.004, Civil
Practice and Remedies Code, a parent or guardian who prevails in an
action under this section is entitled to recover:
(1) damages in the amount of $10,000;
(2) court costs; and
(3) attorney's fees.
(d) A court may certify an action brought against a
manufacturer under this section as a class action.
Sec. 121.053. CIVIL ACTION AGAINST NONPARENT VIOLATOR. (a)
In this section, "nonparent violator" means a person who violates
Section 121.003(b).
(b) A parent or guardian of a minor who accesses explicit
material on an electronic device due to the actions of a nonparent
violator under Section 121.003(b) may bring a civil action against
the nonparent violator.
(c) Notwithstanding Sections 41.003 and 41.004, Civil
Practice and Remedies Code, a parent or guardian who prevails in an
action under this section is entitled to recover:
(1) damages in the amount of $1,000;
(2) court costs; and
(3) attorney's fees.
(d) It shall be a defense in an action under this section
that the nonparent violator acted at the request of the parent or
guardian of the minor user who accessed explicit material.
Sec. 121.054. OTHER ACTION BY ATTORNEY GENERAL. (a) In
addition to collecting the penalty under Section 121.051, the
attorney general may bring a civil action to enjoin a manufacturer
from further violating this chapter.
(b) The attorney general may join an action for which the
attorney general receives notice under Section 121.052(b).
(c) The court shall permit the attorney general to join an
action in accordance with Subsection (b) not later than the 30th day
after the date the attorney general receives notice of the action.
(d) If the attorney general joins an action in accordance
with Subsection (b), the attorney general may seek the remedies
provided under Subsection (a) and Section 121.051.
Sec. 121.055. OFFENSE; CRIMINAL PENALTY. (a) In this
section, "nonparent violator" has the meaning assigned by Section
121.053.
(b) A nonparent violator who violates Section 121.003(b)
commits an offense.
(c) An offense under this section is:
(1) a Class A misdemeanor for a first offense; and
(2) a state jail felony for a second or subsequent
offense.
SECTION 2. This Act takes effect September 1, 2023.