Filter Failed? A “Good Faith Effort” Gets The Maker Off

The text as introduced · 855 words

89R11171 BCH-D

By: Shaheen
H.B. No. 4298

A BILL TO BE ENTITLED

AN ACT

relating to parental controls and filters for certain explicit

material on electronic devices; providing 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. ELECTRONIC DEVICE FILTERS AND PARENTAL CONTROLS

SUBCHAPTER A. ELECTRONIC DEVICE FILTER AND PARENTAL CONTROL

REQUIREMENTS

Sec. 121.001. DEFINITIONS. In this chapter:

(1) "Activate" means the process of powering on an

electronic device and associating the device with a new user

account.

(2) "Electronic device" means a device with a screen

that is capable of connecting to a cellular network or the Internet.

(3) "Explicit material" means visual material

depicting:

(A) the intimate parts of a person;

(B) sexual conduct; or

(C) simulated sexual conduct.

(4) "Filter" means software installed on an electronic

device that is capable of preventing the device from accessing or

displaying explicit material.

(5) "Intimate parts" has the meaning assigned by

Section 21.16, Penal Code.

(6) "Manufacturer" means a person that:

(A) is engaged in the business of manufacturing

electronic devices or holds a patent for an electronic device; and

(B) maintains a registered agent under Section

5.201, Business Organizations Code.

(7) "Minor" means a person younger than 18 years of age

who:

(A) has never been married; and

(B) has not had the disabilities of minority

removed for general purposes.

(8) "Sexual conduct" has the meaning assigned by

Section 21.16, Penal Code.

(9) "Simulated" has the meaning assigned by Section

21.16, Penal Code.

(10) "Visual material" has the meaning assigned by

Section 21.16, Penal Code.

Sec. 121.002. APPLICABILITY. This chapter does not apply

to a telecommunications provider who activates an electronic device

on behalf of a user.

Sec. 121.003. ELECTRONIC DEVICE FILTER REQUIRED. (a) A

manufacturer shall automatically enable a filter on an electronic

device that is activated in this state.

(b) A filter described by Subsection (a), when enabled,

must:

(1) prevent a minor user from accessing, downloading,

or displaying explicit material through use of:

(A) a mobile data network;

(B) an Internet network, including Wi-Fi; or

(C) a software application owned and controlled

by the manufacturer of the electronic device;

(2) notify the user of the electronic device when the

filter prevents the device from accessing or displaying explicit

material;

(3) allow the user of the electronic device or a minor

user's parent or guardian to circumvent the filter by entering a

password or access code; and

(4) reasonably prevent a user of the electronic device

from circumventing, modifying, removing, or uninstalling the

filter without entering a password or access code.

Sec. 121.004. PARENTAL CONTROLS REQUIRED. (a) A

manufacturer shall provide parental controls on an electronic

device that is activated in this state.

(b) Parental controls described by Subsection (a), when

enabled, must allow a minor's parent or guardian to:

(1) limit the amount of time the minor user uses the

electronic device;

(2) manage the minor's ability to download and use

certain applications; and

(3) monitor the location of the electronic device.

Sec. 121.005. VIOLATION. (a) A manufacturer violates this

chapter if:

(1) the manufacturer manufactures an electronic

device that is activated in this state;

(2) the device does not automatically enable a filter

under Section 121.003; and

(3) a minor user accesses explicit material on the

device.

(b) A manufacturer violates this chapter if:

(1) the manufacturer manufactures an electronic

device that is activated in this state; and

(2) the device does not have parental controls that

meet the requirements of Section 121.004.

(c) Notwithstanding Subsection (a), a manufacturer does not

violate this chapter if the manufacturer makes a good faith effort

to provide an electronic device that automatically enables a filter

under Section 121.003.

SUBCHAPTER B. ENFORCEMENT

Sec. 121.051. CIVIL PENALTY. (a) A manufacturer that

violates Section 121.005(a) or (b) is liable to this state for a

civil penalty in an amount not to exceed $30,000 for each violation.

(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. OTHER ACTION BY ATTORNEY GENERAL. In

addition to collecting the penalty under Section 121.051, the

attorney general may bring a civil action to enjoin a manufacturer

from further violating this chapter.

SECTION 2. Not later than January 1, 2026, each

manufacturer shall implement a software update to automatically

enable an electronic device filter on an electronic device in this

state or a device associated with a user account for a user in this

state, as required by this Act.

SECTION 3. This Act takes effect January 1, 2026.