The Lone Star State is the latest to wade into the ongoing legal showdown for children's online safety. Somewhere, there's a great pun about this ongoing standoff. 

In late May, Texas Governor Abbot signed into law SB 2420— the “App Store Accountability Act”—which imposes new parental consent and age verification requirements on app store operators distributing apps on mobile devices. The new Texas law takes effect on January 1, 2026. 

This comes in light of Utah's own version which shares the same name (SB 142), enacted in March 2025, and also goes into effect on May 6, 2026. 

Below, we've broken down some thoughts on what this means.

Who Does This Apply To

These new laws focuses on children's access of “App Stores,” which are separately defined under the statutes. The exact definitions for both Texas and Utah are below, with key language emphasized. Both definitions specify that App Stores are that which is delivering software to users for download or otherwise onto a “mobile device.”

It's this limitation of “mobile devices” that is, in my opinion, some of the most important language of the statute. 

For example, in considering what reach this law may have into the video games industry, digital storefronts like those operated by Valve (Steam) or via the PlayStation or Xbox consoles appear to be intentionally excluded from scope here. Additionally, while Texas and Utah each define a “mobile device” differently, their definitions include a core concept of wireless connectivity. This would likely exclude handheld gaming devices (such as a Switch or Steam Deck), to the extent these handheld devices cannot operate wirelessly, unlike a smart phone or certain tablets.

Further, each definition of App Store contemplates the underlying store itself as a wholly separate concept from the apps which it distributes - though, Utah SB 142 does this more expressly through the statute's definitions.

What Does This Mean

Broadly, each law requires age verification (including user categorization into certain age groups) and verifiable parental consent for minors. 

1. Age Verification: Both laws require that, when a user located either within Texas or Utah, creates an account with an App Store, the App Store operator must use commercially reasonable methods to verify the age of the user. Each law sets out so-called “age categories” that the operators must use, as follows:
   1. Child (12 years old and under)
   2. Younger Teenager (13–15 years old)
   3. Older Teenager (16–17 years old)
   4. Adult (18+)
       
2. Verifiable Parental Consent: If the App Store operator determines that the user is categorized as anything other than an adult, the operator must obtain verifiable parental consent from the minor's parent or guardian before the minor user is permitted to: (i) download an app, (ii) purchase an app, or (iii) make any in-app purchases. 

Perhaps most importantly, these laws also shift a significant compliance burden from app developers to the App Store operators. Under these new laws, App Store operators will be required to make information available to developers regarding users’ age category and whether proper parental consent has been obtained. 

However, app developers are required to notify App Store operators of “significant changes” to their apps, which includes changes to the type or category of personal data collected by the developer, the rating assigned to the app, new monetization or purchasing mechanics, new advertisements within the app, and other material changes to app functionality. 

Additionally, app developers are prohibited from enforcing any terms of service for their apps against any minor users, except where a parent provided consent for such covered activities, and must maintain adequate data protection safeguards to protect against unauthorized disclosure of such age verification data. 

Why This Matters

Although both the Texas and Utah laws are clearly aimed at App Store operators such as Apple and Google, these App Store Accountability laws have implications and compliance obligations for third-party app developers. 

In addition, while Apple maintains strict control over iOS distribution channels (making it unlikely that third-party stores are operating in that environment), Google’s more open Android platform could bring multiple store operators under the scope of these new laws. Further, any company operating software that enables distribution of mobile app downloads or purchases—even if not traditionally viewed as an “app store”—could face compliance obligations if their services fall within the statute’s relatively broad definition.

Companies in this space should begin preparing to:

• Evaluate whether their services qualify as an “App Store” under each law;
• Implement technical infrastructure for addressing such shared data points of age categories and parental consent (including protection of such data provided by App Store operators); and
• Consider any future “significant changes” to apps that might require notice to App Store operators. 

Lastly, the penalties for non-compliance are notable. Under Utah SB 142, violators may face up to $1,000 per violation, in addition to the private right of action for consumers (meaning consumers can bring lawsuits against violators, in addition to regulators). Texas similarly permits a private right of action for consumers, and prevailing parents/guardians may receive injunctive relief, actual and punitive damages, attorneys fees, court costs, and any other relief that a court may deem appropriate. Further, Texas SB 2420 states that any violation of this law would constitute a deceptive or unfair trade practice under Texas law. 

In the meantime, we’ll be tracking regulatory developments and guidance as both Texas and Utah each approach their respective 2026 effective dates.