REFERRAL AGENCIES FOR SENIOR LIVING COMMUNITIES

Tex. BUS. & COM Code ch. 121
in effect

Tex. BUS. & COM Code § 121.001. DEFINITIONS.

In this chapter: (1) "Authorized repair provider" means an individual or business entity who has an arrangement with the original equipment manufacturer for a definite or indefinite period under which the original equipment manufacturer grants to the individual or business entity: (A) a license to use a trade name, service mark, or other proprietary identifier for the purpose of offering diagnosis, maintenance, or repair services for digital electronic equipment under the name of the original equipment manufacturer; or (B) other authority to offer diagnosis, maintenance, or repair services for digital electronic equipment on behalf of the original equipment manufacturer. (2) "Autocycle" has the meaning assigned by Section 501.008 , Transportation Code. (3) "Consumer" means an individual who enters into a transaction primarily for personal, family, or household purposes. (4) "Diagnosis" means the process of identifying the issue or issues that cause digital electronic equipment to not be in full working order. (5) "Digital electronic equipment" or "equipment" means any product that depends, wholly or partly, on digital electronics embedded in or attached to the product to function. (6) "Documentation" means any manual, diagram, reporting output, service code description, or other guidance or information provided or made available by the original equipment manufacturer to an authorized repair provider for the purpose of diagnosing, maintaining, or repairing digital electronic equipment manufactured or sold by the original equipment manufacturer. (7) "Fair and reasonable terms" means: (A) with respect to an original equipment manufacturer making available a tool, making the tool available: (i) without conditioning that availability on the recipient being an authorized repair provider; (ii) at no cost to use or operate the tool or at a cost that is equivalent to the lowest actual cost at which the original equipment manufacturer offers the tool to an authorized repair provider, taking into account any discounts, rebates, or other financial incentives offered by the original equipment manufacturer to the authorized repair provider; and (iii) if the tool is requested in physical form, for a charge equal to the actual cost of procuring, preparing, and sending the tool; (B) with respect to an original equipment manufacturer making available a replacement part, making the part available either directly or through an authorized distributor or repair provider, subject to Section 121.052 (7)(B): (i) without conditioning that availability on the recipient being an authorized repair provider; and (ii) at costs and terms that are equivalent to the costs and terms under which the part is offered to an authorized repair provider; (C) with respect to an original equipment manufacturer making available documentation, including any relevant updates to the documentation, making the documentation available: (i) without conditioning that availability on the recipient being an authorized repair provider; and (ii) at no cost, except that an original equipment manufacturer may charge the reasonable actual cost of preparing and sending a copy of the documentation when the documentation is requested in physical printed form; and (D) with respect to documentation, replacement parts, or tools, terms that are fair to all parties, including the original equipment manufacturer and authorized repair providers. (8) "Heavy equipment" means utility and construction equipment, including forestry equipment, industrial equipment, road-building equipment, mining equipment, bulldozers, motor graders, backhoes, skid steers, track loaders, and excavators. (9) "Independent repair provider" means an individual or business entity operating in this state that: (A) with respect to an original equipment manufacturer: (i) is not an authorized repair provider; and (ii) is not affiliated with an individual or business entity that is an authorized repair provider; and (B) is engaged in the diagnosis, maintenance, or repair of digital electronic equipment. (10) "Maintenance" means any act necessary to keep currently working digital electronic equipment in full working order. (11) "Medical device" means a device, as defined by 21 U.S.C. Section 321(h)(1), intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in humans or other animals. (12) "Modification" or "modify" means any alteration to digital electronic equipment that is not maintenance and not a repair. (13) "Moped" has the meaning assigned by Section 541.201 , Transportation Code. (14) "Motorboat" has the meaning assigned by Section 31.003 , Parks and Wildlife Code. (15) "Motorcycle" has the meaning assigned by Section 541.201 , Transportation Code. (16) "Motor vehicle" means a vehicle that is designed for transporting individuals or property on a street or highway and is certified by the manufacturer under all applicable motor vehicle federal safety and emissions standards and requirements for distribution and sale in the United States. (17) "Motor vehicle manufacturer" means a business engaged in the manufacturing or assembling of motor vehicles. (18) "Off-highway vehicle" has the meaning assigned by Section 551A.001 , Transportation Code. (19) "Open-enrollment charter school" means a school that has been granted a charter under Subchapter D , Chapter 12 , Education Code. (20) "Original equipment manufacturer" means a person that, in the normal course of business, is engaged in the business of selling, leasing, or otherwise supplying new digital electronic equipment manufactured by or on behalf of the person. (21) "Outboard motor" has the meaning assigned by Section 31.003 , Parks and Wildlife Code. (22) "Owner" means an individual or business entity that owns digital electronic equipment. (23) "Personal watercraft" has the meaning assigned by Section 31.003 , Parks and Wildlife Code. (24) "Powersports vehicle" means: (A) an autocycle; (B) a motorcycle; (C) a moped; (D) a motorboat, including a personal watercraft; or (E) an off-highway vehicle. (25) "Repair" means any act necessary to restore digital electronic equipment or equipment to full working order. The term does not include post-sale modifications that alter the originally intended functioning of the digital electronic equipment. (26) "Replacement part" means a new or used replacement part made available by the original equipment manufacturer for the purpose of maintenance or repair of digital electronic equipment manufactured, sold, or supplied by the original equipment manufacturer. The term does not include printed circuit board assemblies that allow device cloning in violation of 18 U.S.C. Section 1029 or other applicable law. (27) "School district" means any public school district in this state. (28) "Tool" means any software program, hardware implement, or other apparatus used for the diagnosis, maintenance, or repair of digital electronic equipment, including software or another mechanism that: (A) provides, programs, or pairs a part; (B) calibrates functionality; or (C) performs any other function required to restore the equipment to full working order. (29) "Trade secret" means anything tangible or intangible or electronically stored or kept that constitutes, represents, evidences, or records intellectual property, including secret or confidentially held designs, processes, procedures, formulas, inventions, or improvements, or secret or confidentially held scientific, technical, merchandising, production, financial, business, or management information, or that falls within the meaning of a trade secret given in 18 U.S.C. Section 1839. (30) "Video game console" means a computing device, including the device's components and peripherals, that is primarily used by a consumer to play video games, including a console machine, a handheld console device, or another device or system. The term does not include a general or all-purpose computer, including a desktop computer, laptop, tablet, or mobile phone. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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) information technology equipment that is intended for use in critical infrastructure as defined by 42 U.S.C. Section 5195c(e); (2) a motor vehicle manufacturer who complies with a memorandum of understanding or any other industry-recognized agreement relating to the diagnosis, maintenance, or repair of digital electronic equipment; (3) a powersports vehicle or outboard motor; (4) a medical device or product: (A) found in a medical setting, including diagnostic, monitoring, or control equipment; or (B) offered for purchase or prescribed by a health care provider; (5) a manufacturer of farm equipment who complies with a memorandum of understanding or any other industry-recognized agreement relating to the diagnosis, maintenance, or repair of digital electronic equipment; (6) aerospace, airplane, or train equipment; (7) heavy equipment; (8) commercial and industrial electrical equipment, including power distribution equipment, such as telecommunications network infrastructure, commercial visual display equipment, medium/low voltage switchgear and transformers, power control equipment, such as medium/low voltage motor control and drives, power quality equipment, such as uninterruptible power supplies, remote power panels, power distribution units and static/transfer switches, and any tools, technology, attachments, accessories, components, and repair parts for any of the equipment described by this subdivision; (9) a home appliance that has digital electronic equipment embedded within it, including refrigerators, ovens, microwaves, air conditioning units, and heating units, excluding other countertop or stand-alone small appliances; (10) safety communications equipment, the intended use of which is for emergency response or prevention purposes by an emergency service organization, such as a police, fire, or medical and emergency rescue services agency; (11) fire alarm systems, intrusion detection equipment that is provided with a security monitoring service, life safety systems, and physical access control equipment, including electronic keypads and similar building access control electronics; (12) a video game console; or (13) an original equipment manufacturer that provides an equivalent or better, readily available replacement part at no charge to and only at the discretion of the consumer. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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 to comply with this chapter is void and unenforceable. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. SUBCHAPTER B. ORIGINAL EQUIPMENT MANUFACTURER REQUIREMENTS Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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 physically enters a senior living community for the purpose of making a referral to a consumer; (2) maintain liability insurance coverage for negligent acts or omissions by the referral agency or its employees; (3) audit each senior living community with respect to which the referral agency provides referrals to ensure that any applicable license is in good standing and maintain a record of that audit; (4) provide training to all referral agency employees whose job responsibilities require direct contact with a consumer, including training on the referral agency's code of conduct, before the employee begins performing those responsibilities; (5) if a referral agency refers a consumer to a senior living community, notify the senior living community of the referral by a written physical or electronic document that includes the time and date of the referral, on or before the date the consumer is admitted to the senior living community; and (6) if a referral agency enters into a contract with a senior living community, specify in the contract the period within which the senior living community must pay the referral agency, not to exceed three years after the date the referral agency provided a consumer a referral to the senior living community. Added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383 ), Sec. 1, eff. June 20, 2025.

Tex. BUS. & COM Code § 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 based on the volume or value of referrals made by the referral agency or business generated between the parties. (b) Notwithstanding any other law, compensation paid to a referral agency that is in compliance with this section is not grounds for disciplinary action against a senior living community. (c) A referral agency may not offer or enter into a contract authorized under this section for compensation prohibited under 42 U.S.C. Section 1320a-7b or any other federal law or rule. Added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383 ), Sec. 1, eff. June 20, 2025.

Tex. BUS. & COM Code § 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 provided by any statute, case, or common law or rule. Added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383 ), Sec. 1, eff. June 20, 2025.

Tex. BUS. & COM Code § 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." Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026.

Tex. BUS. & COM Code § 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. (c) 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; (C) 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; (C) 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. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026.

Tex. BUS. & COM Code § 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 . (c) The information displayed under this section must be clear, accurate, and conspicuous. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026.

Tex. BUS. & COM Code § 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 . Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026.

Tex. BUS. & COM Code § 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 (C) maintaining compliance records; and (2) transmitting personal data using industry-standard encryption protocols that ensure data integrity and confidentiality. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026.

Tex. BUS. & COM Code § 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. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026.

Tex. BUS. & COM Code § 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. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026. SUBCHAPTER C. DUTIES OF SOFTWARE APPLICATION DEVELOPERS

Tex. BUS. & COM Code § 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 sale of the digital electronic equipment in this state, make available on fair and reasonable terms to any independent repair provider or to an owner of digital electronic equipment manufactured by or on behalf of, sold by, or supplied by the original equipment manufacturer documentation, replacement parts, and tools, or their equivalents, that are required for the diagnosis, maintenance, or repair of the digital electronic equipment. (b) The documentation, replacement parts, and tools described by Subsection (a) may be made available: (1) directly by an original equipment manufacturer or through an authorized repair provider or a third-party provider; or (2) by an authorized repair provider to any independent repair provider or owner, provided that the authorized repair provider is contractually and practically permitted by the original equipment manufacturer to sell the documentation, parts, or tools to an independent repair provider or owner. (c) Subsection (b) may not be construed to require a third-party provider, including an authorized repair provider, to make available documentation, replacement parts, or tools independent of an original equipment manufacturer. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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, if: (A) the documentation, part, or tool is not, or is no longer, provided by the original equipment manufacturer or made available to authorized repair providers of the original equipment manufacturer, including where the original equipment manufacturer performs related repairs solely in-house or through a corporate affiliate; (B) the documentation, part, or tool is no longer available to the original equipment manufacturer; or (C) the documentation or tool is used by the original manufacturer only to perform, at no cost, diagnostic services virtually through telephone, Internet, chat, e-mail, or other similar means that do not involve the manufacturer physically handling the consumer's equipment, unless the manufacturer also makes the documentation or tool available to an individual or business that is unaffiliated with the manufacturer; (2) requires an original equipment manufacturer to divulge any trade secret to any independent repair provider or owner, except as necessary for the diagnosis, maintenance, or repair of digital electronic equipment in accordance with this chapter; (3) requires an original equipment manufacturer or an authorized repair provider to provide an independent repair provider or owner any information other than documentation that is provided by the original equipment manufacturer to an authorized repair provider; (4) requires an original equipment manufacturer or authorized repair provider to make available any documentation, part, or tool for the purposes of modifying digital electronic equipment; (5) requires any original equipment manufacturer or authorized repair provider to make available any documentation, part, or tool in a manner that is inconsistent with or in violation of any state or federal law; (6) requires an original equipment manufacturer to make available any documentation, part, or tool to an independent repair provider or owner that would disable, reset, or override electronic security locks or other security-related measures or functions, or disable or override anti-theft security measures set by the owner of the digital electronic equipment; (7) prevents an original equipment manufacturer from: (A) requiring remote authorization or an Internet connection before an independent repair provider or owner may use a part or tool; or (B) providing parts, such as integrated batteries, to an independent repair provider or owner preassembled with other parts rather than as individual components, provided that those preassembled parts or their equivalents are also available to an authorized repair provider or owner; or (8) requires an original equipment manufacturer to: (A) provide documentation, a part, or a tool for a product where reconditioning or repair of the product is prohibited by a law or regulation; (B) provide or make available source code; (C) make available a special document, a part, or a tool that would disable or override an anti-theft security measure set by the owner of the digital electronic equipment without the owner's authorization; (D) provide documentation, a part, or a tool for repair of digital electronic equipment that is critical to the safety of life or health of individuals, or for repairs that could threaten the safety of life or health of individuals, provided that the original equipment manufacturer provides to the consumer or another entity responsible for the enforcement of this chapter, as applicable, physical evidence of the threat alleged under this paragraph; or (E) provide documentation or a tool used exclusively by the original equipment manufacturer for diagnosis, maintenance, or repairs completed by machines that operate on several digital electronic equipment products simultaneously or otherwise for purposes of large scale efficiency, provided the original equipment manufacturer makes available to an independent repair provider or owner sufficient alternative documentation or a tool to effect the diagnosis, maintenance, or repair of the digital electronic equipment. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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 purchase price the purchaser paid for the digital electronic equipment; or (2) an equivalent or better, readily available replacement for the digital electronic equipment at a price that has a value that is equal to or less than the total cost of the sum of the replacement parts and provided at the discretion of the consumer. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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 modification performed by an independent repair provider or owner, or any other use of documentation, replacement parts, or tools made available by an original equipment manufacturer, including: (1) indirect, incidental, special, or consequential damages; (2) loss of data, privacy, or profits; or (3) inability to use or reduced functionality of the digital electronic equipment. (b) An original equipment manufacturer is not liable under this chapter for any act that is reasonably necessary to protect user privacy, security, or digital safety. (c) An original equipment manufacturer is not liable for improper use of personal data or any data privacy or security breach in connection with the repair, diagnosis, maintenance, or modification performed by an independent repair provider or owner. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. SUBCHAPTER C. ENFORCEMENT Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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 . (c) Notwithstanding Subsection (a), nothing in this chapter relieves a social media platform from doing age verification as required by law. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026.

Tex. BUS. & COM Code § 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. (c) 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. Added by Acts 2025, 89th Leg., R.S., Ch. 200 (S.B. 2420 ), Sec. 1, eff. January 1, 2026. SUBCHAPTER D. ENFORCEMENT

Tex. BUS. & COM Code § 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 the attorney general brings the action. The notice must identify the specific provisions of this chapter that the attorney general alleges have been or are being violated. (c) The attorney general may not bring an action against a person if: (1) within the 30-day period described by Subsection (b), the person cures the violation; and (2) the person provides the attorney general a written statement that: (A) the person cured the alleged violation; and (B) it is the person's intent that no further violations of this chapter will occur. (d) Written notice by the attorney general shall be delivered by: (1) certified mail, return receipt requested; or (2) first-class mail with proof of delivery. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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 other reasonable expenses incurred in investigating and bringing an action under this section. Added by Acts 2025, 89th Leg., R.S., Ch. 943 (H.B. 2963 ), Sec. 1, eff. September 1, 2026. Text of section effective on September 01, 2026

Tex. BUS. & COM Code § 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. September 1, 2026.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/28/2026