| 1 | 1 | | 85R6884 TSR-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 2024 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the publication of an image that depicts an individual |
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| 8 | 8 | | without the individual's consent; imposing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 11 | 11 | | amended by adding Chapter 113 to read as follows: |
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| 12 | 12 | | CHAPTER 113. PUBLICATION OF CERTAIN IMAGES |
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| 13 | 13 | | Sec. 113.001. DEFINITION. In this chapter, "unauthorized |
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| 14 | 14 | | image" means an image that depicts an individual who has not |
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| 15 | 15 | | consented to the capture or publication of the image. |
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| 16 | 16 | | Sec. 113.002. APPLICABILITY OF CHAPTER. This chapter does |
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| 17 | 17 | | not apply to the publication of an image: |
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| 18 | 18 | | (1) by a bona fide member of the news media when acting |
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| 19 | 19 | | in that capacity; |
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| 20 | 20 | | (2) by law enforcement personnel in the performance of |
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| 21 | 21 | | their duties; or |
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| 22 | 22 | | (3) into the public domain by an individual who |
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| 23 | 23 | | appears in the image. |
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| 24 | 24 | | Sec. 113.003. PUBLICATION OF UNAUTHORIZED IMAGE |
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| 25 | 25 | | PROHIBITED. A person may not publish an unauthorized image on the |
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| 26 | 26 | | Internet. |
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| 27 | 27 | | Sec. 113.004. REQUEST FOR REMOVAL OF UNAUTHORIZED IMAGE. A |
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| 28 | 28 | | business entity that owns or operates an Internet website and |
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| 29 | 29 | | receives a request from an individual who is depicted in an |
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| 30 | 30 | | unauthorized image for removal of the unauthorized image from the |
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| 31 | 31 | | website shall remove the image not more than 48 hours after the |
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| 32 | 32 | | business entity receives the request. |
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| 33 | 33 | | Sec. 113.005. CIVIL PENALTY; INJUNCTION. (a) A business |
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| 34 | 34 | | entity that violates Section 113.004 is liable to this state for a |
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| 35 | 35 | | civil penalty in an amount not to exceed $200. |
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| 36 | 36 | | (b) The attorney general or an appropriate local |
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| 37 | 37 | | prosecuting attorney may bring an action to collect a civil penalty |
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| 38 | 38 | | imposed under this section. |
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| 39 | 39 | | (c) If the attorney general brings an action under |
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| 40 | 40 | | Subsection (b) and prevails, the civil penalty shall be deposited |
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| 41 | 41 | | in the state treasury to the credit of the general revenue fund. If |
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| 42 | 42 | | a local prosecuting attorney brings the action and prevails, the |
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| 43 | 43 | | civil penalty shall be deposited in the general fund of the |
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| 44 | 44 | | appropriate county. |
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| 45 | 45 | | (d) The attorney general may bring an action in the name of |
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| 46 | 46 | | this state to restrain or enjoin a violation or threatened |
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| 47 | 47 | | violation of this chapter. |
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| 48 | 48 | | SECTION 2. Chapter 113, Business & Commerce Code, as added |
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| 49 | 49 | | by this Act, applies to any publication of an image that occurs on |
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| 50 | 50 | | or after the effective date of this Act, regardless of whether the |
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| 51 | 51 | | image was initially published before that date. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2017. |
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