Texas 2025 - 89th Regular

Texas Senate Bill SB2421 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025S0009-2 02/13/25
2	2	By: Paxton S.B. No. 2421
3	3
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to electronic device filters for certain obsene materials;
10	10	providing a civil penalty; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
13	13	amended by adding Chapter 121 to read as follows:
14	14	CHAPTER 121. ELECTRONIC DEVICE FILTERS
15	15	SUBCHAPTER A. ELECTRONIC DEVICE FILTER REQUIREMENTS
16	16	Sec. 121.001. DEFINITIONS. In this chapter:
17	17	(1) "Activate" means the process of powering on a
18	18	device and associating the device with a new user account.
19	19	(2) "Device" means a tablet or smartphone manufactured
20	20	on or after January 1, 2026.
21	21	(3) "Filter" means generally accepted and
22	22	commercially reasonable software used on a device that is capable
23	23	of preventing the device from accessing or displaying obscene
24	24	material through Internet browsers or search engines owned or
25	25	controlled by the manufacturer, in accordance with prevailing
26	26	industry standards, including blocking known websites linked to
27	27	obscene content through mobile data networks, wired Internet
28	28	networks, and wireless Internet networks.
29	29	(4) "Internet" means the largest nonproprietary
30	30	nonprofit cooperative public computer network, popularly known as
31	31	the Internet.
32	32	(5) "Manufacturer" means a person that:
33	33	(A) is engaged in the business of manufacturing a
34	34	device or holds a patent for a device or for the operating system on
35	35	a device; and
36	36	(B) maintains a registered agent under Section
37	37	5.201, Business Organizations Code.
38	38	(6) "Minor" means a person younger than 18 years of age
39	39	who:
40	40	(A) has never been married;
41	41	(B) is not a member of the United States armed
42	42	forces; and
43	43	(C) has not had the disabilities of minority
44	44	removed for general purposes.
45	45	(7) "Obscene" has the meaning assigned by Section
46	46	43.21, Penal Code.
47	47	(8) "Operating system" means software that manages all
48	48	of the other application programs on a device.
49	49	(9) "Password" means a string of characters or other
50	50	secure method used to enable, deactivate, modify, or uninstall a
51	51	filter on a device.
52	52	(10) "Retailer" means a person that:
53	53	(A) sells a device directly to consumers,
54	54	including an employee of a retailer acting in the course and scope
55	55	of the employee's employment; and
56	56	(B) is not a manufacturer.
57	57	(11) "Smartphone" means an electronic device that
58	58	combines a cell phone with a handheld computer, typically offering
59	59	Internet access through a browser or search engine, data storage,
60	60	text, and e-mail capabilities.
61	61	(12) "Tablet" means a mobile device equipped with a
62	62	mobile operating system, a touchscreen display, a rechargeable
63	63	battery, and the ability to support access to a cellular network.
64	64	Sec. 121.002. APPLICABILITY. This chapter does not apply
65	65	to:
66	66	(1) a telecommunications provider who activates a
67	67	device on behalf of a user; or
68	68	(2) a retailer who sells a device to a user.
69	69	Sec. 121.003. ELECTRONIC DEVICE FILTER REQUIRED. A
70	70	manufacturer shall enable on each device activated in this state a
71	71	process that:
72	72	(1) determines the age of the user of the device during
73	73	the activation and account setup process;
74	74	(2) if the user of the device is a minor, automatically
75	75	enables a filter on the device;
76	76	(3) notifies the user of the device when the filter
77	77	prevents the device from accessing or displaying obscene material;
78	78	and
79	79	(4) allows a minor user's parent or guardian to set and
80	80	use a password to enable or disable the filter at any time.
81	81	Sec. 121.004. VIOLATION. (a) A manufacturer violates this
82	82	chapter if:
83	83	(1) the manufacturer manufactures a device that is
84	84	activated in this state;
85	85	(2) the device does not automatically enable a filter
86	86	as required by Section 121.003; and
87	87	(3) a minor user accesses obscene material on the
88	88	device.
89	89	(b) A person violates this chapter if:
90	90	(1) the person:
91	91	(A) circumvents, modifies, removes, or
92	92	uninstalls a filter under Section 121.003 on the device of a minor
93	93	user; or
94	94	(B) intentionally uses a password to circumvent
95	95	the filter on a device in the possession of a minor user;
96	96	(2) the person is not the parent or legal guardian of
97	97	the minor user;
98	98	(3) the person takes the action under Subdivision (1):
99	99	(A) without permission from the parent or legal
100	100	guardian of the minor user; and
101	101	(B) with knowledge that circumventing,
102	102	modifying, removing, or uninstalling the filter may result in the
103	103	minor user accessing obscene material; and
104	104	(4) the minor user accesses obscene material on the
105	105	device.
106	106	(c) Notwithstanding Subsection (a), a manufacturer does not
107	107	violate this chapter if the manufacturer makes a good faith effort
108	108	to provide a device that automatically enables a filter as required
109	109	by Section 121.003.
110	110	SUBCHAPTER B. ENFORCEMENT
111	111	Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who
112	112	violates Section 121.004(a) is liable to this state for a civil
113	113	penalty in an amount not to exceed the lesser of:
114	114	(1) $5,000 for each violation; or
115	115	(2) $50,000.
116	116	(b) The attorney general may bring an action in the name of
117	117	the state to recover a civil penalty under this section. The
118	118	attorney general may recover attorney's fees and costs incurred in
119	119	bringing an action under this section.
120	120	(c) The action may be brought in a district court in:
121	121	(1) Travis County; or
122	122	(2) a county in which any part of the violation or
123	123	threatened violation occurs.
124	124	(d) The attorney general shall deposit a civil penalty
125	125	collected under this section in the state treasury to the credit of
126	126	the general revenue fund.
127	127	Sec. 121.052. CIVIL ACTION AGAINST MANUFACTURER. (a) A
128	128	parent or guardian of a minor user of a device who accesses obscene
129	129	material on the device due to a violation of Section 121.004(a) by a
130	130	manufacturer may bring a civil action against the manufacturer of
131	131	the device.
132	132	(b) A parent or guardian who brings an action under this
133	133	section shall provide written notice of the action to the attorney
134	134	general.
135	135	(c) Notwithstanding Sections 41.003 and 41.004, Civil
136	136	Practice and Remedies Code, a parent or guardian who prevails in an
137	137	action under this section is entitled to recover:
138	138	(1) damages, including:
139	139	(A) actual damages;
140	140	(B) if the court is unable to determine the
141	141	amount of actual damages incurred, $50,000;
142	142	(C) on a finding that the manufacturer's
143	143	violation of Section 121.004(a) was knowing and wilful, punitive
144	144	damages; and
145	145	(D) nominal damages;
146	146	(2) court costs; and
147	147	(3) attorney's fees.
148	148	(d) A court may certify an action brought against a
149	149	manufacturer under this section as a class action.
150	150	Sec. 121.053. CIVIL ACTION AGAINST NONPARENT VIOLATOR. (a)
151	151	A parent or guardian of a minor user who accesses obscene material
152	152	on a device due to the actions of a person in violation of Section
153	153	121.004(b) may bring a civil action against the nonparent violator.
154	154	(b) Notwithstanding Sections 41.003 and 41.004, Civil
155	155	Practice and Remedies Code, a parent or guardian who prevails in an
156	156	action under this section is entitled to recover:
157	157	(1) damages in the amount of $1,000;
158	158	(2) court costs; and
159	159	(3) attorney's fees.
160	160	(c) It shall be a defense in an action under this section
161	161	that the nonparent violator acted at the request of the parent or
162	162	guardian of the minor user who accessed obscene material.
163	163	Sec. 121.054. OTHER ACTION BY ATTORNEY GENERAL. (a) In
164	164	addition to collecting the penalty under Section 121.051, the
165	165	attorney general may:
166	166	(1) bring a civil action to enjoin a manufacturer from
167	167	further violating this chapter;
168	168	(2) issue subpoenas and conduct hearings necessary to
169	169	enable the investigation of a manufacturer under this chapter; and
170	170	(3) seek the revocation of any license or certificate
171	171	authorizing the manufacturer to conduct business in this state.
172	172	(b) The attorney general may join an action for which the
173	173	attorney general receives notice under Section 121.052(b).
174	174	(c) The court shall permit the attorney general to join an
175	175	action in accordance with Subsection (b) not later than the 30th day
176	176	after the date the attorney general receives notice of the action.
177	177	(d) If the attorney general joins an action in accordance
178	178	with Subsection (b), the attorney general may seek the remedies
179	179	provided under Subsection (a) and Section 121.051.
180	180	Sec. 121.055. OFFENSE; CRIMINAL PENALTY. (a) A person who
181	181	violates Section 121.004(b) commits an offense.
182	182	(b) An offense under this section is:
183	183	(1) a Class A misdemeanor for a first offense; and
184	184	(2) a state jail felony for a second or subsequent
185	185	offense.
186	186	SECTION 2. This Act takes effect January 1, 2026.