84R8561 DDT-D
By: Kolkhorst S.B. No. 1811
A BILL TO BE ENTITLED
AN ACT
relating to certain publications of intimate visual material by a
business; providing 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. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF INTIMATE
VISUAL MATERIAL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 111.001. DEFINITIONS. In this chapter:
(1) "Intimate visual material" means visual material
that depicts sexual contact, actual or simulated sexual
intercourse, or the exhibition of a person's genitals, anus, or any
portion of the female breast below the top of the areola.
(2) "Publish" means to communicate or make information
available to another person by means of telecommunications,
including communicating information on an Internet website,
computer bulletin board, or similar system.
(3) "Visual material" has the meaning assigned by
Section 43.26, Penal Code.
Sec. 111.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a business entity that is registered with the
secretary of state.
(b) This chapter does not apply to an Internet service
provider, cable operator, telecommunications service, or provider
of an electronic communications service.
SUBCHAPTER B. NOTICE AND REMOVAL REQUIRED
Sec. 111.051. NOTICE REQUIRED FOR INTIMATE VISUAL MATERIAL.
(a) A business entity that publishes intimate visual material shall
clearly and conspicuously publish notice on each page the material
appears that includes:
(1) a statement that the business entity is required
to remove intimate visual material that depicts an individual who
did not consent to the publication of the material;
(2) a statement that any person, including a person
not depicted in the material, may request that the business entity
remove the material from publication;
(3) a statement that the business entity will remove
the material from publication not more than 24 hours after
receiving the request; and
(4) an e-mail address, fax number, or mailing address
to enable a person to request removal of the material from
publication.
(b) The notice must be prominently posted in at least
12-point Helvetica or Times New Roman font.
Sec. 111.052. REQUEST FOR REMOVAL OF INTIMATE VISUAL
MATERIAL. (a) A business entity that receives a request for the
removal of intimate visual material from publication shall remove
the material not less than 24 hours after the business entity
receives the request if the business entity does not have proof that
the individual depicted in the intimate visual material consented
to the publication of the material.
Sec. 111.053. REMOVAL OTHERWISE REQUIRED. A business
entity may not publish intimate visual material that includes an
image of an individual if the business entity knows or should know
that the individual does not consent to the publication.
SUBCHAPTER C. CIVIL PENALTIES AND REMEDIES
Sec. 111.101. CIVIL PENALTY; INJUNCTION. (a) A business
entity that violates a provision of this chapter is liable to the
state for a civil penalty in an amount not to exceed $500 for each
day that each violation occurs.
(b) The attorney general or an appropriate prosecuting
attorney may sue to collect a civil penalty under this section.
(c) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the general revenue
fund.
(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.
Sec. 111.102. CIVIL LIABILITY. (a) A business entity that
publishes intimate visual material in violation of Section 111.053
or refuses to remove an image in violation of Section 111.052 is
liable to the individual depicted in the material in an amount not
to exceed $500 for each separate violation and, in the case of a
continuing violation, $500 for each subsequent day on which the
violation occurs.
(b) In an action brought under this section, the court may
grant injunctive relief to prevent or restrain a violation of this
chapter.
(c) An individual who prevails in an action brought under
this section is also entitled to recover court costs and reasonable
attorney's fees.
(d) Venue for a suit brought under this section is:
(1) in the county in which the individual resides;
(2) in the county in which the business entity has its
principal place of business; or
(3) in Travis County.
SECTION 2. This Act takes effect January 1, 2016.