HB 4298

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
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
(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
(A)  the intimate parts of a person;
(4)  "Filter" means software installed on an electronic
device that is capable of preventing the device from accessing or
(5)  "Intimate parts" has the meaning assigned by
(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
(A)  has never been married; and
(B)  has not had the disabilities of minority
(8)  "Sexual conduct" has the meaning assigned by
(9)  "Simulated" has the meaning assigned by Section
(10)  "Visual material" has the meaning assigned by
Sec. 121.002.  APPLICABILITY.  This chapter does not apply
to a telecommunications provider who activates an electronic device
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,
(1)  prevent a minor user from accessing, downloading,
or displaying explicit material through use of:
(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
(3)  allow the user of the electronic device or a minor
user's parent or guardian to circumvent the filter by entering a
(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
(2)  manage the minor's ability to download and use
(3)  monitor the location of the electronic device.
Sec. 121.005.  VIOLATION.  (a)  A manufacturer violates this
(1)  the manufacturer manufactures an electronic
device that is activated in this state;
(2)  the device does not automatically enable a filter
(3)  a minor user accesses explicit material on the
(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
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:
(2)  a county in which any part of the violation or
(d)  The attorney general shall deposit a civil penalty
collected under this section in the state treasury to the credit of
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.