Texas 2023 - 88th Regular

Texas House Bill HB1936

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to electronic device filters for certain explicit material; creating a criminal offense; providing a civil penalty.

Impact

The impact of HB 1936 is significant, as it establishes explicit legal obligations for manufacturers regarding the safety of minors using their devices. Failure to comply with the proposed regulation can result in civil penalties, with fines reaching up to $30,000 for each violation. Additionally, parents or guardians can sue manufacturers for damages if their minor child accesses explicit material despite the filters being in place. This creates a new avenue for enforcement and accountability within the technology sector, specifically pertaining to content control for underage users.

Summary

House Bill 1936 seeks to impose requirements on electronic device manufacturers to automatically enable filters that restrict access to explicit material for users under 18 years of age. The legislation aims to create a safer online environment for minors by ensuring that smartphones and tablets connected to cellular networks and the Internet have content restrictions in place. This bill also outlines the legal consequences for manufacturers who fail to comply with these filter requirements or allow circumventing these filters by unauthorized users.

Sentiment

Sentiment around HB 1936 appears mixed. Proponents argue that the legislation is a necessary step toward protecting children from harmful content and empowering parents to manage their children's online experiences more effectively. Opponents, however, raise concerns about implementing such measures, suggesting they pose risks of overreach and may infringe on personal freedoms. Furthermore, there are discussions about the feasibility and effectiveness of the proposed filters in truly safeguarding minors from explicit content.

Contention

A notable point of contention involves the responsibilities placed on manufacturers and the potential implications for product design and user accessibility. Critics emphasize that while the intention of the bill is commendable, it may lead to overly restrictive measures that could hamper technological innovation and user autonomy. Additionally, there are concerns about the enforcement mechanisms and whether they would adequately address issues related to privacy and the complexity of digital content moderation.

Companion Bills

TX SB417

Identical Relating to electronic device filters for certain explicit material; providing a civil penalty.

Previously Filed As

TX HB4298

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

TX SB2421

Relating to electronic device filters for certain obsene materials; providing a civil penalty; creating a criminal offense.

TX SB441

Relating to criminal and civil liability related to sexually explicit media and artificial intimate visual material; creating a criminal offense; increasing a criminal penalty.

TX SF342

A bill for an act establishing the criminal offense of unlawful electronic transmission of sexually explicit visual material, and providing penalties.

TX SB1621

Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving depictions of children, computer-generated children, or other persons; creating criminal offenses; increasing criminal penalties.

TX HB4911

Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving depictions of children, computer-generated children, or other persons; creating criminal offenses; increasing criminal penalties.

TX HF43

A bill for an act establishing the criminal offense of unlawful electronic transmission of sexually explicit visual material, and providing penalties.(See HF 899.)

TX HB421

Relating to the creation of certain explicit deep fake material; providing a private cause of action.

TX HB418

Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving children or other persons; increasing a criminal penalty.

TX HB3225

Relating to the restriction of access by minors to sexually explicit materials in municipal public library collections; providing a civil penalty.

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