Bill Text: TX HB4298 | 2025-2026 | 89th Legislature | Introduced

Texas House Bill 4298

Introduced

Bill Title: Relating to parental controls and filters for certain explicit material on electronic devices; providing a civil penalty.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2025-04-01 - Referred to Trade, Workforce & Economic Development [HB4298 Detail]

Download: Texas-2025-HB4298-Introduced.html

	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.