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Texas Business and Commerce Code - BUS & COM § 121.022. Parental Consent Required

Current as of January 01, 2024 | Updated by Findlaw Staff

<Other laws from the 89th Legislature, Regular Session, 2025, also added a Chapter 121;  see the notes provided with the chapter heading for this chapter.>

(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.

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Cite this article: FindLaw.com - Texas Business and Commerce Code - BUS & COM § 121.022. Parental Consent Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/business-and-commerce-code/bus-com-sect-121-022/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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