Title BC, Business and Commerce Code

Sec. 121.002. REFERRAL AGENCIES; REQUIRED DISCLOSURE. (a) At the time of a referral, a referral agency shall provide a disclosure statement to the consumer that includes: (1) a description of the referral agency's services; (2) a statement on whether the consumer or the senior li…

Sec. 121.002. APPLICABILITY OF CHAPTER. (a) Except as provided by Subsection (b), this chapter applies only to digital electronic equipment: (1) sold to a consumer in this state; and (2) that has a wholesale price of at least $50. (b) This chapter does not apply to: (1) informati…

Sec. 121.002. NOTIFICATION OF NEW TERMINALS. (a) Except as provided by Subsection (d), at least 90 calendar days before the date an owner or operator of a commercial passenger bus service begins operating a new terminal located in this state, the owner or operator shall provide n…

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 applicati…

Sec. 121.003. WAIVER OF CHAPTER VOID AND UNENFORCEABLE. A provision in a contract, including an agreement between an authorized repair provider and original equipment manufacturer, that purports to waive, avoid, restrict, or limit the original equipment manufacturer's obligation …

Sec. 121.003. REFERRAL AGENCY PROHIBITED CONDUCT. A referral agency may not: (1) refer a consumer to a senior living community in which the referral agency has an ownership, management, or financial interest; (2) hold a power of attorney for a consumer or hold a consumer's proper…

Sec. 121.004. DUTIES. A referral agency shall: (1) use a nationally accredited service provider to obtain criminal history record information of: (A) a new employee of the referral agency who will have direct contact with a consumer; and (B) a referral agency employee who physica…

Sec. 121.005. COMPENSATION. (a) A written contract entered into between a referral agency and a senior living community may provide for the compensation of a referral agency for all referrals made with respect to a senior living community, and the amount of compensation may be ba…

Sec. 121.006. EFFECT OF LAW. This chapter does not: (1) affect the application of any other law that regulates a senior living community; or (2) abrogate any other defense, remedy, immunity, or privilege available under the Constitution of the United States or this state or as pr…

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).…

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 belon…

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) d…

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…

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; (…

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 …

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 defi…

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. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420), Sec. 1, eff. January 1, 202…

Sec. 121.051. ORIGINAL EQUIPMENT MANUFACTURER REQUIREMENTS. (a) For digital electronic equipment, including parts for that equipment sold or used in this state, the original equipment manufacturer of the equipment or part shall, not later than one year after the date of the first…

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…

Sec. 121.052. CONSTRUCTION OF SUBCHAPTER. Notwithstanding any other provision of this subchapter, nothing in this subchapter: (1) requires an original equipment manufacturer to provide or make available documentation, a replacement part, or a tool to a repair provider or owner, i…

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 o…

Sec. 121.053. ALTERNATIVE RELIEF FOR ORIGINAL PURCHASERS. Instead of making documentation, replacement parts, or tools available under this subchapter, the original equipment manufacturer may provide an owner who is the original purchaser: (1) a reimbursement in the amount of the…

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…

Sec. 121.054. LIMITATION OF LIABILITY. (a) An original equipment manufacturer or authorized repair provider is not liable for any damage or injury to any digital electronic equipment, individual, or property that occurs as a result of the repair, diagnosis, maintenance, or modifi…

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 applicabl…

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 with…

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. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420), Sec. 1…

Sec. 121.101. NOTICE OF VIOLATION; OPPORTUNITY TO CURE. (a) The attorney general has exclusive authority to enforce this chapter. (b) Before bringing an action under Section 121.102 or 121.103, the attorney general shall notify a person in writing at least 30 days before the date…

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. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420), Sec. 1, eff. January 1, 2026.

Sec. 121.102. DECEPTIVE TRADE PRACTICE. A violation of this chapter following the cure period described by Section 121.101 is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under that subchapter. Added by Acts 2025…

Sec. 121.103. INJUNCTION. (a) The attorney general may bring an action in the name of the state following the cure period described by Section 121.101 to restrain or enjoin a person from violating this chapter. (b) The attorney general may recover reasonable attorney's fees and o…

Sec. 121.104. NO PRIVATE RIGHT OF ACTION. This chapter may not be construed to create, provide a basis for, or be subject to a private right of action for a violation of this chapter or any other law. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963), Sec. 1, eff. Septembe…