84R10110 DDT-D
By: Davis of Dallas H.B. No. 3510
A BILL TO BE ENTITLED
AN ACT
relating to the publication of an image that depicts an individual
without the individual's consent; imposing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 111 to read as follows:
CHAPTER 111. PUBLICATION OF CERTAIN IMAGES
Sec. 111.001. DEFINITION. In this chapter, "unauthorized
image" means an image that depicts an individual who has not
consented to the capture or publication of the image.
Sec. 111.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to the publication of an image by a bona fide member of the
news media or of law enforcement when acting in that capacity.
Sec. 111.003. PUBLICATION OF UNAUTHORIZED IMAGE
PROHIBITED. A person may not publish an unauthorized image on the
Internet.
Sec. 111.004. REQUEST FOR REMOVAL OF UNAUTHORIZED IMAGE. A
business entity that owns or operates an Internet website and
receives a request from an individual who is depicted in an
unauthorized image for removal of the unauthorized image from the
Internet website shall remove the image not more than 48 hours after
the business entity receives the request.
Sec. 111.005. CIVIL PENALTY; INJUNCTION. (a) A business
entity that violates Section 111.004 is liable to the state for a
civil penalty in an amount not to exceed $200.
(b) The attorney general or an appropriate local
prosecuting attorney may sue to collect a civil penalty under this
section.
(c) If the attorney general brings the suit, the penalty
shall be deposited in the state treasury to the credit of the
general revenue fund. If a local prosecuting attorney brings the
suit, the penalty shall be deposited in the general fund of the
county in which the violation occurred.
(d) The attorney general may bring an action in the name of
the state to restrain or enjoin a violation or threatened violation
of this chapter.
SECTION 2. Chapter 111, Business & Commerce Code, as added
by this Act, applies to any publication of an image that occurs on
or after the effective date of this Act, regardless of whether the
information was initially published before that date.
SECTION 3. This Act takes effect September 1, 2015.