89R13974 MLH-D
By: Schatzline H.B. No. 4189
A BILL TO BE ENTITLED
AN ACT
relating to content filters provided by Internet service providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Business & Commerce Code,
is amended by adding Chapter 330 to read as follows:
CHAPTER 330. CONTENT FILTERS PROVIDED BY INTERNET SERVICE
PROVIDERS
Sec. 330.001. DEFINITIONS. In this chapter:
(1) "Customer" means a person in this state who
purchases Internet service from an Internet service provider.
(2) "Explicit material" means visual material
depicting:
(A) the intimate parts of a person;
(B) sexual conduct; or
(C) simulated sexual conduct.
(3) "Filter" means software provided to a customer by
an Internet service provider that is capable of preventing the
customer from accessing or displaying explicit material.
(4) "Internet service provider" means a person
providing connectivity to the Internet or another wide area
network.
(5) "Sexual conduct" has the meaning assigned by
Section 21.16, Penal Code.
(6) "Simulated" has the meaning assigned by Section
21.16, Penal Code.
(7) "Visual material" has the meaning assigned by
Section 21.16, Penal Code.
Sec. 330.002. OPTIONAL CONTENT FILTER. (a) An Internet
service provider shall make available to each customer a filter
that the customer can choose to enable on the customer's Internet
service.
(b) A filter described by Subsection (a), when enabled,
must:
(1) prevent a customer from accessing, downloading, or
displaying explicit material when using the Internet service
provided by the Internet service provider; and
(2) notify the customer using the Internet service
when the filter prevents the customer from accessing or displaying
explicit material.
(c) An Internet service provider shall make the filter
described by Subsection (a) available at no additional cost to the
customer.
SECTION 2. This Act takes effect September 1, 2025.