2025S0009-2 02/13/25
By: Paxton S.B. No. 2421
A BILL TO BE ENTITLED
AN ACT
relating to electronic device filters for certain obsene materials;
providing a civil penalty; creating a criminal offense.
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 a
device and associating the device with a new user account.
(2) "Device" means a tablet or smartphone manufactured
on or after January 1, 2026.
(3) "Filter" means generally accepted and
commercially reasonable software used on a device that is capable
of preventing the device from accessing or displaying obscene
material through Internet browsers or search engines owned or
controlled by the manufacturer, in accordance with prevailing
industry standards, including blocking known websites linked to
obscene content through mobile data networks, wired Internet
networks, and wireless Internet networks.
(4) "Internet" means the largest nonproprietary
nonprofit cooperative public computer network, popularly known as
the Internet.
(5) "Manufacturer" means a person that:
(A) is engaged in the business of manufacturing a
device or holds a patent for a device or for the operating system on
a device; and
(B) maintains a registered agent under Section
5.201, Business Organizations Code.
(6) "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 armed
forces; and
(C) has not had the disabilities of minority
removed for general purposes.
(7) "Obscene" has the meaning assigned by Section
43.21, Penal Code.
(8) "Operating system" means software that manages all
of the other application programs on a device.
(9) "Password" means a string of characters or other
secure method used to enable, deactivate, modify, or uninstall a
filter on a device.
(10) "Retailer" means a person that:
(A) sells a device directly to consumers,
including an employee of a retailer acting in the course and scope
of the employee's employment; and
(B) is not a manufacturer.
(11) "Smartphone" means an electronic device that
combines a cell phone with a handheld computer, typically offering
Internet access through a browser or search engine, data storage,
text, and e-mail capabilities.
(12) "Tablet" means a mobile device equipped with a
mobile operating system, a touchscreen display, a rechargeable
battery, and the ability to support access to a cellular network.
Sec. 121.002. APPLICABILITY. This chapter does not apply
to:
(1) a telecommunications provider who activates a
device on behalf of a user; or
(2) a retailer who sells a device to a user.
Sec. 121.003. ELECTRONIC DEVICE FILTER REQUIRED. A
manufacturer shall enable on each device activated in this state a
process that:
(1) determines the age of the user of the device during
the activation and account setup process;
(2) if the user of the device is a minor, automatically
enables a filter on the device;
(3) notifies the user of the device when the filter
prevents the device from accessing or displaying obscene material;
and
(4) allows a minor user's parent or guardian to set and
use a password to enable or disable the filter at any time.
Sec. 121.004. VIOLATION. (a) A manufacturer violates this
chapter if:
(1) the manufacturer manufactures a device that is
activated in this state;
(2) the device does not automatically enable a filter
as required by Section 121.003; and
(3) a minor user accesses obscene material on the
device.
(b) A person violates this chapter if:
(1) the person:
(A) circumvents, modifies, removes, or
uninstalls a filter under Section 121.003 on the device of a minor
user; or
(B) intentionally uses a password to circumvent
the filter on a device in the possession 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 obscene material; and
(4) the minor user accesses obscene 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 a device that automatically enables a filter as required
by Section 121.003.
SUBCHAPTER B. ENFORCEMENT
Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who
violates Section 121.004(a) is liable to this state for a civil
penalty in an amount not to exceed the lesser of:
(1) $5,000 for each violation; or
(2) $50,000.
(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 a device who accesses obscene
material on the device due to a violation of Section 121.004(a) by a
manufacturer 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, including:
(A) actual damages;
(B) if the court is unable to determine the
amount of actual damages incurred, $50,000;
(C) on a finding that the manufacturer's
violation of Section 121.004(a) was knowing and wilful, punitive
damages; and
(D) nominal damages;
(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)
A parent or guardian of a minor user who accesses obscene material
on a device due to the actions of a person in violation of Section
121.004(b) may bring a civil action against the nonparent violator.
(b) 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.
(c) 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 obscene material.
Sec. 121.054. OTHER ACTION BY ATTORNEY GENERAL. (a) In
addition to collecting the penalty under Section 121.051, the
attorney general may:
(1) bring a civil action to enjoin a manufacturer from
further violating this chapter;
(2) issue subpoenas and conduct hearings necessary to
enable the investigation of a manufacturer under this chapter; and
(3) seek the revocation of any license or certificate
authorizing the manufacturer to conduct business in this state.
(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) A person who
violates Section 121.004(b) commits an offense.
(b) 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 January 1, 2026.