Bill Text: TX HB1936 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to electronic device filters for certain explicit material; creating a criminal offense; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-08 - Referred to Youth Health & Safety, Select [HB1936 Detail]
Download: Texas-2023-HB1936-Introduced.html
88R540 MLH-F | ||
By: Lozano | H.B. No. 1936 |
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relating to electronic device filters for certain explicit | ||
material; creating a criminal offense; 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 | ||
SUBCHAPTER A. ELECTRONIC DEVICE FILTER 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 smart phone or tablet | ||
that is capable of connecting to a cellular network and 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; 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; | ||
(B) is not a member of the United States military | ||
forces; and | ||
(C) 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. 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 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. 121.003. 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 121.002; and | ||
(3) a minor user accesses explicit material on the | ||
device. | ||
(b) A person violates this chapter if: | ||
(1) the person circumvents, modifies, removes, or | ||
uninstalls a filter under Section 121.002 on the electronic device | ||
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 explicit material; and | ||
(4) the minor user accesses explicit 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 an electronic device that automatically enables a filter | ||
under Section 121.002. | ||
SUBCHAPTER B. ENFORCEMENT | ||
Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who | ||
violates Section 121.003(a) 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. CIVIL ACTION AGAINST MANUFACTURER. (a) A | ||
parent or guardian of a minor user of an electronic device who | ||
accesses explicit material on the device due to the actions of a | ||
manufacturer under Section 121.003(a) 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 in the amount of $10,000; | ||
(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) | ||
In this section, "nonparent violator" means a person who violates | ||
Section 121.003(b). | ||
(b) A parent or guardian of a minor who accesses explicit | ||
material on an electronic device due to the actions of a nonparent | ||
violator under Section 121.003(b) may bring a civil action against | ||
the nonparent violator. | ||
(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 in the amount of $1,000; | ||
(2) court costs; and | ||
(3) attorney's fees. | ||
(d) 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 explicit material. | ||
Sec. 121.054. OTHER ACTION BY ATTORNEY GENERAL. (a) 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. | ||
(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) In this | ||
section, "nonparent violator" has the meaning assigned by Section | ||
121.053. | ||
(b) A nonparent violator who violates Section 121.003(b) | ||
commits an offense. | ||
(c) 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 September 1, 2023. |