Texas 2023 - 88th Regular

Texas Senate Bill SB417 Compare Versions

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1	1	By: Paxton, Hall, Middleton S.B. No. 417
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to electronic device filters for certain explicit
7	7	material; providing a civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
10	10	amended by adding Chapter 121 to read as follows:
11	11	CHAPTER 121. ELECTRONIC DEVICE FILTERS
12	12	SUBCHAPTER A. ELECTRONIC DEVICE FILTER REQUIREMENTS
13	13	Sec. 121.001. DEFINITIONS. In this chapter:
14	14	(1) "Activate" means the process of powering on an
15	15	electronic device and associating the device with a new user
16	16	account.
17	17	(2) "Electronic device" means a device with a screen
18	18	that is capable of connecting to a cellular network or the Internet.
19	19	(3) "Explicit material" means visual material
20	20	depicting:
21	21	(A) the intimate parts of a person;
22	22	(B) sexual conduct; or
23	23	(C) simulated sexual conduct.
24	24	(4) "Filter" means software installed on an electronic
25	25	device that is capable of preventing the device from accessing or
26	26	displaying explicit material.
27	27	(5) "Intimate parts" has the meaning assigned by
28	28	Section 21.16, Penal Code.
29	29	(6) "Manufacturer" means a person that:
30	30	(A) is engaged in the business of manufacturing
31	31	electronic devices or holds a patent for an electronic device; and
32	32	(B) maintains a registered agent under Section
33	33	5.201, Business Organizations Code.
34	34	(7) "Minor" means a person younger than 18 years of age
35	35	who:
36	36	(A) has never been married; and
37	37	(B) has not had the disabilities of minority
38	38	removed for general purposes.
39	39	(8) "Sexual conduct" has the meaning assigned by
40	40	Section 21.16, Penal Code.
41	41	(9) "Simulated" has the meaning assigned by Section
42	42	21.16, Penal Code.
43	43	(10) "Visual material" has the meaning assigned by
44	44	Section 21.16, Penal Code.
45	45	Sec. 121.002. APPLICABILITY. This chapter does not apply
46	46	to a telecommunications provider who activates an electronic device
47	47	on behalf of a user.
48	48	Sec. 121.003. ELECTRONIC DEVICE FILTER REQUIRED. (a) A
49	49	manufacturer shall automatically enable a filter on an electronic
50	50	device that is activated in this state.
51	51	(b) A filter described by Subsection (a), when enabled,
52	52	must:
53	53	(1) prevent a minor user from accessing, downloading,
54	54	or displaying explicit material through use of:
55	55	(A) a mobile data network;
56	56	(B) an Internet network, including Wi-Fi; or
57	57	(C) a software application owned and controlled
58	58	by the manufacturer of the electronic device;
59	59	(2) notify the user of the electronic device when the
60	60	filter prevents the device from accessing or displaying explicit
61	61	material;
62	62	(3) allow the user of the electronic device or a minor
63	63	user's parent or guardian to circumvent the filter by entering a
64	64	password or access code; and
65	65	(4) reasonably prevent a user of the electronic device
66	66	from circumventing, modifying, removing, or uninstalling the
67	67	filter without entering a password or access code.
68	68	Sec. 121.004. VIOLATION. (a) A manufacturer violates this
69	69	chapter if:
70	70	(1) the manufacturer manufactures an electronic
71	71	device that is activated in this state;
72	72	(2) the device does not automatically enable a filter
73	73	under Section 121.003; and
74	74	(3) a minor user accesses explicit material on the
75	75	device.
76	76	(b) Notwithstanding Subsection (a), a manufacturer does not
77	77	violate this chapter if the manufacturer makes a good faith effort
78	78	to provide an electronic device that automatically enables a filter
79	79	under Section 121.003.
80	80	SUBCHAPTER B. ENFORCEMENT
81	81	Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who
82	82	violates Section 121.004(a) is liable to this state for a civil
83	83	penalty in an amount not to exceed $30,000 for each violation.
84	84	(b) The attorney general may bring an action in the name of
85	85	the state to recover a civil penalty under this section. The
86	86	attorney general may recover attorney's fees and costs incurred in
87	87	bringing an action under this section.
88	88	(c) The action may be brought in a district court in:
89	89	(1) Travis County; or
90	90	(2) a county in which any part of the violation or
91	91	threatened violation occurs.
92	92	(d) The attorney general shall deposit a civil penalty
93	93	collected under this section in the state treasury to the credit of
94	94	the general revenue fund.
95	95	Sec. 121.052. CIVIL ACTION AGAINST MANUFACTURER. (a) A
96	96	parent or guardian of a minor user of an electronic device who
97	97	accesses explicit material on the device due to the actions of a
98	98	manufacturer under Section 121.004(a) may bring a civil action
99	99	against the manufacturer of the device.
100	100	(b) A parent or guardian who brings an action under this
101	101	section shall provide written notice of the action to the attorney
102	102	general.
103	103	(c) Notwithstanding Sections 41.003 and 41.004, Civil
104	104	Practice and Remedies Code, a parent or guardian who prevails in an
105	105	action under this section is entitled to recover:
106	106	(1) damages in the amount of $10,000;
107	107	(2) court costs; and
108	108	(3) attorney's fees.
109	109	(d) A court may certify an action brought against a
110	110	manufacturer under this section as a class action.
111	111	Sec. 121.053. OTHER ACTION BY ATTORNEY GENERAL. (a) In
112	112	addition to collecting the penalty under Section 121.051, the
113	113	attorney general may bring a civil action to enjoin a manufacturer
114	114	from further violating this chapter.
115	115	(b) The attorney general may join an action for which the
116	116	attorney general receives notice under Section 121.052(b).
117	117	(c) The court shall permit the attorney general to join an
118	118	action in accordance with Subsection (b) not later than the 30th day
119	119	after the date the attorney general receives notice of the action.
120	120	(d) If the attorney general joins an action in accordance
121	121	with Subsection (b), the attorney general may seek the remedies
122	122	provided under Subsection (a) and Section 121.051.
123	123	SECTION 2. Not later than January 1, 2024, each
124	124	manufacturer shall implement a software update to automatically
125	125	enable an electronic device filter on an electronic device in this
126	126	state or a device associated with a user account for a user in this
127	127	state, as required by this Act.
128	128	SECTION 3. This Act takes effect January 1, 2024.