Shaheen Bill’s App Store Age Checks Wait Until 2027

The text as introduced · 1,598 words

89R13359 MLH-F

By: Shaheen
H.B. No. 4294

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of platforms for the sale and

distribution of software applications for mobile devices;

authorizing 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. SOFTWARE APPLICATIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 121.001. DEFINITIONS. In this chapter:

(1) "Age category" means information collected by the

owner of an app store to designate a user based on the age

categories described by Section 121.021(b).

(2) "App store" means a publicly available Internet

website, software application, or other electronic service that

distributes software applications from the owner or developer of a

software application to the user of a mobile device.

(3) "Minor" means an individual who is younger than 18

years of age who has not had the disabilities of minority removed

for general purposes.

(4) "Mobile device" means a portable, wireless

electronic device, including a tablet or smartphone, capable of

transmitting, receiving, processing, and storing information

wirelessly that runs an operating system designed to manage

hardware resources and perform common services for software

applications on handheld electronic devices.

(5) "Personal data" means any information, including

sensitive data, that is linked or reasonably linkable to an

identified or identifiable individual. The term includes

pseudonymous data when the data is used by a person who processes or

determines the purpose and means of processing the data in

conjunction with additional information that reasonably links the

data to an identified or identifiable individual. The term does not

include deidentified data or publicly available information.

Sec. 121.002. RULES. The attorney general shall adopt

rules to implement this chapter.

SUBCHAPTER B. DUTIES OF APP STORES

Sec. 121.021. DUTY TO VERIFY AGE OF USER; AGE CATEGORIES.

(a) When an individual in this state creates an account with an app

store, the owner of the app store shall:

(1) request the individual's age;

(2) use a commercially reasonable method of

verification to verify the individual's age; and

(3) assign to the individual a designation described

by Subsection (b).

(b) The owner of an app store shall use the following age

categories for assigning a designation:

(1) an individual who is younger than 13 years of age

is considered a "child";

(2) an individual who is at least 13 years of age but

younger than 17 years of age is considered a "teenager";

(3) an individual who is 17 years of age is considered

an "older teenager";

(4) an individual who is at least 18 years of age but

younger than 21 years of age is considered an "adult"; and

(5) an individual who is at least 21 years of age is

considered a "legal adult."

Sec. 121.022. PARENTAL CONSENT REQUIRED. (a) If the owner

of the app store determines under Section 121.021 that an

individual is a minor, the owner must obtain consent from the

minor's parent or guardian before allowing the minor to:

(1) download a software application;

(2) purchase a software application; or

(3) make a purchase in or using a software

application.

(b) The owner of an app store must obtain consent for each

individual download or purchase sought by the minor.

(c) To obtain consent from a minor's parent or guardian

under Subsection (a), the owner of an app store may use any

reasonable means to:

(1) disclose to the parent or guardian:

(A) the specific software application or

purchase for which consent is sought;

(B) the rating under Section 121.052 assigned to

the software application or purchase; and

(C) the specific content or other elements that

led to the rating assigned under Section 121.052;

(2) give the parent or guardian a clear choice to give

or withhold consent for the download or purchase; and

(3) ensure that the consent is given by an individual

that the owner of the app store has verified is an adult who is the

parent or guardian of the minor.

Sec. 121.023. DISPLAY OF AGE RATING FOR SOFTWARE

APPLICATION. (a) The owner of an app store that operates in this

state shall display for each software application available for

download and purchase on the app store:

(1) the rating under Section 121.052 assigned to the

software application; and

(2) the specific content or other elements that led to

the rating assigned under Section 121.052.

(b) The information displayed under this section must be

clear, accurate, and conspicuous.

Sec. 121.024. INFORMATION FOR SOFTWARE APPLICATION

DEVELOPERS. The owner of an app store that operates in this state

shall, consistent with the owner's data collection practices, allow

the developer of a software application to access current

information related to:

(1) the age category assigned to each user under

Section 121.021(b); and

(2) whether consent has been obtained for each minor

user under Section 121.022.

Sec. 121.025. PARENT OVERSIGHT OF USAGE BY MINOR. The owner

of an app store that operates in this state, owns the operating

system of a mobile device, and provides parental controls to allow

users to enable certain content filters or limit software

application or mobile device usage shall take steps to make those

parental controls easy for a user to find and operate.

Sec. 121.026. CONSTRUCTION OF SUBCHAPTER. Nothing in this

subchapter may be construed to:

(1) prevent the owner of an app store that operates in

this state from taking reasonable measures to:

(A) block, detect, or prevent the distribution

of:

(i) obscene material, as that term is

defined by Section 43.21, Penal Code; or

(ii) other material that may be harmful to

minors;

(B) block or filter spam;

(C) prevent criminal activity; or

(D) protect the security of an app store or

software application;

(2) require the owner of an app store that operates in

this state to disclose a user's personal data to the developer of a

software application except as provided by this subchapter; or

(3) allow the owner of an app store that operates in

this state to use a measure required by this chapter in a manner

that is arbitrary, capricious, anticompetitive, or unlawful.

SUBCHAPTER C. DUTIES OF SOFTWARE APPLICATION DEVELOPERS

Sec. 121.051. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to the developer of a software application that the

developer makes available to users in this state through an app

store.

Sec. 121.052. DESIGNATION OF AGE RATING. (a) The developer

of a software application shall assign to each software application

and to each purchase that can be made through the software

application an age rating based on the age categories described by

Section 121.021(b).

(b) The developer of a software application shall provide to

each app store through which the developer makes the software

application available:

(1) each rating assigned under Subsection (a); and

(2) the specific content or other elements that led to

each rating provided under Subdivision (1).

Sec. 121.053. CHANGES TO SOFTWARE APPLICATIONS. The

developer of a software application shall provide notice to each

app store through which the developer makes the software

application available before making any change to the terms of

service or privacy policy of the software application that:

(1) affects or changes the rating assigned to the

software application under Section 121.052 or the content or

elements that led to that rating; or

(2) materially changes the functionality or user

experience of the software application.

Sec. 121.054. TIME RESTRICTION. The developer of a

software application shall provide a readily available feature for

the parent or guardian of a minor to monitor and limit the amount of

time the minor spends using the application.

Sec. 121.055. AGE VERIFICATION. (a) The developer of a

software application shall create and implement a system to verify:

(1) for each user of the software application, the age

category assigned to that user under Section 121.021(b); and

(2) for each minor user of the software application,

whether consent has been obtained under Section 121.022.

(b) The developer of a software application shall use

information provided by the owner of an app store under Section

121.024 to perform the verification required by this section.

SUBCHAPTER D. ENFORCEMENT

Sec. 121.101. CIVIL PENALTY; INJUNCTION. (a) A person who

violates this chapter is liable to this state for a civil penalty in

an amount not to exceed:

(1) $10,000; or

(2) if the court finds that the person knowingly or

repeatedly violated this chapter, $20,000.

(b) The attorney general may bring an action to:

(1) collect the penalty under this section;

(2) seek an injunction against further violation of

this chapter;

(3) seek an order from the court for the person to

disgorge any money received in violation of this chapter; and

(4) recover attorney's fees and reasonable court

costs.

Sec. 121.102. PRIVATE CAUSE OF ACTION. (a) The parent or

guardian of a minor who is a victim of a violation of this chapter

may bring an action against the owner of the app store or the

developer of a software application, as applicable.

(b) A parent or guardian of a minor who prevails in an action

under this section is entitled to recover:

(1) actual damages;

(2) injunctive relief; and

(3) attorney's fees and reasonable court costs.

SECTION 2. (a) The attorney general shall adopt initial

rules to implement Chapter 121, Business & Commerce Code, as added

by this Act, not later than March 1, 2026.

(b) An action under Chapter 121, Business & Commerce Code,

as added by this Act, may not be brought before March 1, 2027.

SECTION 3. This Act takes effect September 1, 2025.