Texas 2015 - 84th Regular

Texas Senate Bill SB1811 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8561 DDT-D
2	2	By: Kolkhorst S.B. No. 1811
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain publications of intimate visual material by a
8	8	business; providing civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
11	11	amended by adding Chapter 111 to read as follows:
12	12	CHAPTER 111. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF INTIMATE
13	13	VISUAL MATERIAL
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 111.001. DEFINITIONS. In this chapter:
16	16	(1) "Intimate visual material" means visual material
17	17	that depicts sexual contact, actual or simulated sexual
18	18	intercourse, or the exhibition of a person's genitals, anus, or any
19	19	portion of the female breast below the top of the areola.
20	20	(2) "Publish" means to communicate or make information
21	21	available to another person by means of telecommunications,
22	22	including communicating information on an Internet website,
23	23	computer bulletin board, or similar system.
24	24	(3) "Visual material" has the meaning assigned by
25	25	Section 43.26, Penal Code.
26	26	Sec. 111.002. APPLICABILITY OF CHAPTER. (a) This chapter
27	27	applies only to a business entity that is registered with the
28	28	secretary of state.
29	29	(b) This chapter does not apply to an Internet service
30	30	provider, cable operator, telecommunications service, or provider
31	31	of an electronic communications service.
32	32	SUBCHAPTER B. NOTICE AND REMOVAL REQUIRED
33	33	Sec. 111.051. NOTICE REQUIRED FOR INTIMATE VISUAL MATERIAL.
34	34	(a) A business entity that publishes intimate visual material shall
35	35	clearly and conspicuously publish notice on each page the material
36	36	appears that includes:
37	37	(1) a statement that the business entity is required
38	38	to remove intimate visual material that depicts an individual who
39	39	did not consent to the publication of the material;
40	40	(2) a statement that any person, including a person
41	41	not depicted in the material, may request that the business entity
42	42	remove the material from publication;
43	43	(3) a statement that the business entity will remove
44	44	the material from publication not more than 24 hours after
45	45	receiving the request; and
46	46	(4) an e-mail address, fax number, or mailing address
47	47	to enable a person to request removal of the material from
48	48	publication.
49	49	(b) The notice must be prominently posted in at least
50	50	12-point Helvetica or Times New Roman font.
51	51	Sec. 111.052. REQUEST FOR REMOVAL OF INTIMATE VISUAL
52	52	MATERIAL. (a) A business entity that receives a request for the
53	53	removal of intimate visual material from publication shall remove
54	54	the material not less than 24 hours after the business entity
55	55	receives the request if the business entity does not have proof that
56	56	the individual depicted in the intimate visual material consented
57	57	to the publication of the material.
58	58	Sec. 111.053. REMOVAL OTHERWISE REQUIRED. A business
59	59	entity may not publish intimate visual material that includes an
60	60	image of an individual if the business entity knows or should know
61	61	that the individual does not consent to the publication.
62	62	SUBCHAPTER C. CIVIL PENALTIES AND REMEDIES
63	63	Sec. 111.101. CIVIL PENALTY; INJUNCTION. (a) A business
64	64	entity that violates a provision of this chapter is liable to the
65	65	state for a civil penalty in an amount not to exceed $500 for each
66	66	day that each violation occurs.
67	67	(b) The attorney general or an appropriate prosecuting
68	68	attorney may sue to collect a civil penalty under this section.
69	69	(c) A civil penalty collected under this section shall be
70	70	deposited in the state treasury to the credit of the general revenue
71	71	fund.
72	72	(d) The attorney general may bring an action in the name of
73	73	the state to restrain or enjoin a violation or threatened violation
74	74	of this chapter.
75	75	Sec. 111.102. CIVIL LIABILITY. (a) A business entity that
76	76	publishes intimate visual material in violation of Section 111.053
77	77	or refuses to remove an image in violation of Section 111.052 is
78	78	liable to the individual depicted in the material in an amount not
79	79	to exceed $500 for each separate violation and, in the case of a
80	80	continuing violation, $500 for each subsequent day on which the
81	81	violation occurs.
82	82	(b) In an action brought under this section, the court may
83	83	grant injunctive relief to prevent or restrain a violation of this
84	84	chapter.
85	85	(c) An individual who prevails in an action brought under
86	86	this section is also entitled to recover court costs and reasonable
87	87	attorney's fees.
88	88	(d) Venue for a suit brought under this section is:
89	89	(1) in the county in which the individual resides;
90	90	(2) in the county in which the business entity has its
91	91	principal place of business; or
92	92	(3) in Travis County.
93	93	SECTION 2. This Act takes effect January 1, 2016.