83R9863 TJS-D
By: M. Gonzalez of El Paso H.B. No. 3627
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for promotion of certain improper
visual images.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 98B to read as follows:
CHAPTER 98B. LIABILITY FOR PROMOTION OF IMPROPER VISUAL IMAGE
Sec. 98B.001. DEFINITION. In this chapter, "promotion of
an improper visual image" includes:
(1) conduct that constitutes an offense under Section
21.15(b)(3), Penal Code; or
(2) without a person's consent, the publication or
promotion of a photograph, videotape recording, or similar visual
image of the person in the nude or engaged in sexual conduct,
regardless of whether the person consented to the making of the
photograph, recording, or image.
Sec. 98B.002. LIABILITY. A defendant is liable to a victim
of promotion of an improper visual image, as provided by this
chapter, for damages arising from the promotion if the defendant:
(1) knowingly or intentionally engages in promotion of
an improper visual image with respect to the victim; or
(2) publishes or promotes an image that the defendant
knows or reasonably should know constitutes an improper visual
image under this chapter, and the publication of the image results
in the promotion of an improper visual image with respect to the
victim.
Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a
suit under this chapter shall be awarded:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) court costs; and
(3) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in a suit under this chapter may recover exemplary
damages.
Sec. 98B.004. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
Sec. 98B.005. JOINT AND SEVERAL LIABILITY. A person who
engages in conduct described by Section 98B.002 and is found liable
under this chapter or other law for any amount of damages arising
from that conduct is jointly and severally liable with any other
defendant for the entire amount of damages arising from that
conduct.
Sec. 98B.006. LIBERAL CONSTRUCTION AND APPLICATION. This
chapter shall be liberally construed and applied to promote its
underlying purpose to protect persons from, and provide adequate
remedies to victims of, promotion of an improper visual image.
SECTION 2. Chapter 98B, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act. A cause of action that
accrues before the effective date of this Act is governed by the law
in effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.