cross-posted from: https://lemmy.world/post/37439462 > cross-posted from: https://lemmy.world/post/37439450 > > > > > > > > > S.B. No. 2420 > > > > > > > > > > AN ACT > > relating to the regulation of platforms for the sale and > > distribution of software applications for mobile devices. > > 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. SOFTWARE APPLICATIONS > > SUBCHAPTER A. GENERAL PROVISIONS > > Sec. 121.001. SHORT TITLE. This chapter may be cited as the > > App Store Accountability Act. > > Sec. 121.002. 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 a child 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. > > 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 use a commercially > > reasonable method of verification to verify the individual’s age > > category under 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 16 years of age is considered a “younger teenager”; > > (3) an individual who is at least 16 years of age but > > younger than 18 years of age is considered an “older teenager”; and > > (4) an individual who is at least 18 years of age is > > considered an “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 who belongs to an age category that is not > > “adult,” the owner shall require that the minor’s account be > > affiliated with a parent account belonging to the minor’s parent or > > guardian. > > (b) For an account to be affiliated with a minor’s account > > as a parent account, the owner of an app store must use a > > commercially reasonable method to verify that the account belongs > > to an individual who: > > (1) the owner of the app store has verified belongs to > > the age category of “adult” under Section 121.021; and > > (2) has legal authority to make a decision on behalf of > > the minor with whose account the individual is seeking affiliation. > > © A parent account may be affiliated with multiple minors’ > > accounts. > > (d) Except as provided by this section, the owner of an app > > store must obtain consent from the minor’s parent or guardian > > through the parent account affiliated with the minor’s account > > 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. > > (e) The owner of an app store must: > > (1) obtain consent for each individual download or > > purchase sought by the minor; and > > (2) notify the developer of each applicable software > > application if a minor’s parent or guardian revokes consent through > > a parent account. > > (f) To obtain consent from a minor’s parent or guardian > > under Subsection (d), 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; > > © the specific content or other elements that > > led to the rating assigned under Section 121.052; > > (D) the nature of any collection, use, or > > distribution of personal data that would occur because of the > > software application or purchase; and > > (E) any measures taken by the developer of the > > software application or purchase to protect the personal data of > > users; > > (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: > > (A) by the parent or guardian; and > > (B) through the account affiliated with a minor’s > > account under Subsection (a). > > (g) If a software developer provides the owner of an app > > store with notice of a change under Section 121.053, the owner of > > the app store shall: > > (1) notify any individual who has given consent under > > this section for a minor’s use or purchase relating to a previous > > version of the changed software application; and > > (2) obtain consent from the individual for the minor’s > > continued use or purchase of the software application. > > (h) The owner of an app store is not required to obtain > > consent from a minor’s parent or guardian for: > > (1) the download of a software application that: > > (A) provides a user with direct access to > > emergency services, including: > > (i) 9-1-1 emergency services; > > (ii) a crisis hotline; or > > (iii) an emergency assistance service that > > is legally available to a minor; > > (B) limits data collection to information: > > (i) collected in compliance with the > > Children’s Online Privacy Protection Act of 1998 (15 U.S.C. Section > > 6501 et seq.); and > > (ii) necessary for the provision of > > emergency services; > > © allows a user to access and use the software > > application without requiring the user to create an account with > > the software application; and > > (D) is operated by or in partnership with: > > (i) a governmental entity; > > (ii) a nonprofit organization; or > > (iii) an authorized emergency service > > provider; or > > (2) the purchase or download of a software application > > that is operated by or in partnership with a nonprofit organization > > that: > > (A) develops, sponsors, or administers a > > standardized test used for purposes of admission to or class > > placement in a postsecondary educational institution or a program > > within a postsecondary educational institution; and > > (B) is subject to Subchapter D, Chapter 32, > > Education Code. > > Sec. 121.023. DISPLAY OF AGE RATING FOR SOFTWARE > > APPLICATION. (a) If the owner of an app store that operates in this > > state has a mechanism for displaying an age rating or other content > > notice, the owner shall: > > (1) make available to users an explanation of the > > mechanism; and > > (2) display for each software application available > > for download and purchase on the app store the age rating and other > > content notice. > > (b) If the owner of an app store that operates in this state > > does not have a mechanism for displaying an age rating or other > > content notice, the owner 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 application; and > > (2) the specific content or other elements that led to > > the rating assigned under Section 121.052. > > © The information displayed under this section must be > > clear, accurate, and conspicuous. > > Sec. 121.024. INFORMATION FOR SOFTWARE APPLICATION > > DEVELOPERS. The owner of an app store that operates in this state > > shall, using a commercially available method, allow the developer > > of a software application to access current information related to: > > (1) the age category assigned to each user under > > Section 121.021(b); and > > (2) whether consent has been obtained for each minor > > user under Section 121.022. > > Sec. 121.025. PROTECTION OF PERSONAL DATA. The owner of an > > app store that operates in this state shall protect the personal > > data of users by: > > (1) limiting the collection and processing of personal > > data to the minimum amount necessary for: > > (A) verifying the age of an individual; > > (B) obtaining consent under Section 121.022; and > > © maintaining compliance records; and > > (2) transmitting personal data using > > industry-standard encryption protocols that ensure data integrity > > and confidentiality. > > Sec. 121.026. VIOLATION. (a) The owner of an app store > > that operates in this state violates this subchapter if the owner: > > (1) enforces a contract or a provision of a terms of > > service agreement against a minor that the minor entered into or > > agreed to without consent under Section 121.022; > > (2) knowingly misrepresents information disclosed > > under Section 121.022(f)(1); > > (3) obtains a blanket consent to authorize multiple > > downloads or purchases; or > > (4) shares or discloses personal data obtained for > > purposes of Section 121.021, except as required by Section 121.024 > > or other law. > > (b) The owner of an app store is not liable for a violation > > of Section 121.021 or 121.022 if the owner of the app store: > > (1) uses widely adopted industry standards to: > > (A) verify the age of each user as required by > > Section 121.021; and > > (B) obtain parental consent as required by > > Section 121.022; and > > (2) applies those standards consistently and in good > > faith. > > Sec. 121.027. CONSTRUCTION OF SUBCHAPTER. Nothing in this > > subchapter may be construed to: > > (1) prevent the owner of an app store that operates in > > this state from taking reasonable measures to block, detect, or > > prevent the distribution of: > > (A) obscene material, as that term is defined by > > Section 43.21, Penal Code; or > > (B) other material that may be harmful to minors; > > (2) require the owner of an app store that operates in > > this state to disclose a user’s personal data to the developer of a > > software application except as provided by this subchapter; > > (3) allow the owner of an app store that operates in > > this state to use a measure required by this chapter in a manner > > that is arbitrary, capricious, anticompetitive, or unlawful; > > (4) block or filter spam; > > (5) prevent criminal activity; or > > (6) protect the security of an app store or software > > application. > > SUBCHAPTER C. DUTIES OF SOFTWARE APPLICATION DEVELOPERS > > Sec. 121.051. APPLICABILITY OF SUBCHAPTER. This subchapter > > applies only to the developer of a software application that the > > developer makes available to users in this state through an app > > store. > > Sec. 121.052. DESIGNATION OF AGE RATING. (a) The developer > > of a software application shall assign to each software application > > and to each purchase that can be made through the software > > application an age rating based on the age categories described by > > Section 121.021(b). > > (b) The developer of a software application shall provide to > > each app store through which the developer makes the software > > application available: > > (1) each rating assigned under Subsection (a); and > > (2) the specific content or other elements that led to > > each rating provided under Subdivision (1). > > Sec. 121.053. CHANGES TO SOFTWARE APPLICATIONS. (a) The > > developer of a software application shall provide notice to each > > app store through which the developer makes the software > > application available before making any significant change to the > > terms of service or privacy policy of the software application. > > (b) For purposes of this section, a change is significant if > > it: > > (1) changes the type or category of personal data > > collected, stored, or shared by the developer; > > (2) affects or changes the rating assigned to the > > software application under Section 121.052 or the content or > > elements that led to that rating; > > (3) adds new monetization features to the software > > application, including: > > (A) new opportunities to make a purchase in or > > using the software application; or > > (B) new advertisements in the software > > application; or > > (4) materially changes the functionality or user > > experience of the software application. > > Sec. 121.054. AGE VERIFICATION. (a) The developer of a > > software application shall create and implement a system to use > > information received under Section 121.024 to verify: > > (1) for each user of the software application, the age > > category assigned to that user under Section 121.021(b); and > > (2) for each minor user of the software application, > > whether consent has been obtained under Section 121.022. > > (b) The developer of a software application shall use > > information received from the owner of an app store under Section > > 121.024 to perform the verification required by this section. > > Sec. 121.055. USE OF PERSONAL DATA. (a) The developer of a > > software application may use personal data provided to the > > developer under Section 121.024 only to: > > (1) enforce restrictions and protections on the > > software application related to age; > > (2) ensure compliance with applicable laws and > > regulations; and > > (3) implement safety-related features and default > > settings. > > (b) The developer of a software application shall delete > > personal data provided by the owner of an app store under Section > > 121.024 on completion of the verification required by Section > > 121.054. > > © Notwithstanding Subsection (a), nothing in this chapter > > relieves a social media platform from doing age verification as > > required by law. > > Sec. 121.056. VIOLATION. (a) Except as provided by this > > section, the developer of a software application violates this > > subchapter if the developer: > > (1) enforces a contract or a provision of a terms of > > service agreement against a minor that the minor entered into or > > agreed to without consent under Section 121.054; > > (2) knowingly misrepresents an age rating or reason > > for that rating under Section 121.052; or > > (3) shares or discloses the personal data of a user > > that was acquired under this subchapter. > > (b) The developer of a software application is not liable > > for a violation of Section 121.052 if the software developer: > > (1) uses widely adopted industry standards to > > determine the rating and specific content required by this section; > > and > > (2) applies those standards consistently and in good > > faith. > > © The developer of a software application is not liable > > for a violation of Section 121.054 if the software developer: > > (1) relied in good faith on age category and consent > > information received from the owner of an app store; and > > (2) otherwise complied with the requirements of this > > section. > > SUBCHAPTER D. ENFORCEMENT > > Sec. 121.101. DECEPTIVE TRADE PRACTICE. A violation of > > this chapter constitutes a deceptive trade practice in addition to > > the practices described by Subchapter E, Chapter 17, and is > > actionable under that subchapter. > > Sec. 121.102. CUMULATIVE REMEDIES. The remedies provided > > by this chapter are not exclusive and are in addition to any other > > action or remedy provided by law. > > SECTION 2. It is the intent of the legislature that every > > provision, section, subsection, sentence, clause, phrase, or word > > in this Act, and every application of the provisions in this Act to > > every person, group of persons, or circumstances, is severable from > > each other. If any application of any provision in this Act to any > > person, group of persons, or circumstances is found by a court to be > > invalid for any reason, the remaining applications of that > > provision to all other persons and circumstances shall be severed > > and may not be affected. > > SECTION 3. This Act takes effect January 1, 2026. > > > > > > > > > > > > ______________________________ ______________________________ > > President of the Senate Speaker of the House > > > > I hereby certify that S.B. No. 2420 passed the Senate on > > April 16, 2025, by the following vote: Yeas 30, Nays 1; and that > > the Senate concurred in House amendments on May 14, 2025, by the > > following vote: Yeas 30, Nays 1. > > > > > > ______________________________ > > Secretary of the Senate > > > > I hereby certify that S.B. No. 2420 passed the House, with > > amendments, on May 9, 2025, by the following vote: Yeas 120, > > Nays 9, three present not voting. > > > > > > ______________________________ > > Chief Clerk of the House > > > > > > > > Approved: > > > > ______________________________ > > Date > > > > > > ______________________________ > > Governor > >