Paxton Filter Bill Lets Makers Off With ‘Good Faith Effort’

The text as introduced · 1,361 words

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.