HB 4294 — Relating to the regulation of platforms for the sale and distribution of software applications for mobile devices; authorizing a civil penalty.

Summary

Relating to the regulation of platforms for the sale and distribution of software applications for mobile devices; authorizing a civil penalty.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• CHAPTER 121. SOFTWARE APPLICATIONS SUBCHAPTER A. GENERAL PROVISIONS Sec. 121.001. DEFINITIONS. In this chapter: (1) "Age category" means information collected by the owner of an app store to designate a user based on the age categories described by Section 121.021(b). (2) "App store" means a publicly available Internet website, software application, or other electronic service that distributes software applications from the owner or developer of a software application to the user of a mobile device. (3) "Minor" means an individual who is younger than 18 years of age who has not had the disabilities of minority removed for general purposes. (4) "Mobile device" means a portable, wireless electronic device, including a tablet or smartphone, capable of transmitting, receiving, processing, and storing information wirelessly that runs an operating system designed to manage hardware resources and perform common services for software applications on handheld electronic devices. (5) "Personal data" means any information, including sensitive data, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous data when the data is used by a person who processes or determines the purpose and means of processing the data in conjunction with additional information that reasonably links the data to an identified or identifiable individual. The term does not include deidentified data or publicly available information. Sec. 121.002. RULES. The attorney general shall adopt rules to implement this chapter. SUBCHAPTER B. DUTIES OF APP STORES Sec. 121.021. DUTY TO VERIFY AGE OF USER; AGE CATEGORIES. (a) When an individual in this state creates an account with an app store, the owner of the app store shall: (1) request the individual's age; (2) use a commercially reasonable method of verification to verify the individual's age; and (3) assign to the individual a designation described by Subsection (b). (b) The owner of an app store shall use the following age categories for assigning a designation: (1) an individual who is younger than 13 years of age is considered a "child"; (2) an individual who is at least 13 years of age but younger than 17 years of age is considered a "teenager"; (3) an individual who is 17 years of age is considered an "older teenager"; (4) an individual who is at least 18 years of age but younger than 21 years of age is considered an "adult"; and (5) an individual who is at least 21 years of age is considered a "legal adult." Sec. 121.022. PARENTAL CONSENT REQUIRED. (a) If the owner of the app store determines under Section 121.021 that an individual is a minor, the owner must obtain consent from the minor's parent or guardian before allowing the minor to: (1) download a software application; (2) purchase a software application; or (3) make a purchase in or using a software application. (b) The owner of an app store must obtain consent for each individual download or purchase sought by the minor. (c) To obtain consent from a minor's parent or guardian under Subsection (a), the owner of an app store may use any reasonable means to: (1) disclose to the parent or guardian: (A) the specific software application or purchase for which consent is sought; (B) the rating under Section 121.052 assigned to the software application or purchase; and (C) the specific content or other elements that led to the rating assigned under Section 121.052; (2) give the parent or guardian a clear choice to give or withhold consent for the download or purchase; and (3) ensure that the consent is given by an individual that the owner of the app store has verified is an adult who is the parent or guardian of the minor. Sec. 121.023. DISPLAY OF AGE RATING FOR SOFTWARE APPLICATION. (a) The owner of an app store that operates in this state shall display for each software application available for download and purchase on the app store: (1) the rating under Section 121.052 assigned to the software applica

  amended

Action History

1. April 01, 2025

   Referred to Trade, Workforce & Economic Development

2. April 01, 2025

   Read first time

3. March 11, 2025

   Filed

Sponsors

• Matt Shaheen · Primary

Subjects