85R6884 TSR-D
By: Davis of Dallas H.B. No. 2024
A BILL TO BE ENTITLED
AN ACT
relating to the publication of an image that depicts an individual
without the individual's consent; imposing a civil penalty.
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 113 to read as follows:
CHAPTER 113. PUBLICATION OF CERTAIN IMAGES
Sec. 113.001. 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. 113.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to the publication of an image:
(1) by a bona fide member of the news media when acting
in that capacity;
(2) by law enforcement personnel in the performance of
their duties; or
(3) into the public domain by an individual who
appears in the image.
Sec. 113.003. PUBLICATION OF UNAUTHORIZED IMAGE
PROHIBITED. A person may not publish an unauthorized image on the
Internet.
Sec. 113.004. 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
website shall remove the image not more than 48 hours after the
business entity receives the request.
Sec. 113.005. CIVIL PENALTY; INJUNCTION. (a) A business
entity that violates Section 113.004 is liable to this state for a
civil penalty in an amount not to exceed $200.
(b) The attorney general or an appropriate local
prosecuting attorney may bring an action to collect a civil penalty
imposed under this section.
(c) If the attorney general brings an action under
Subsection (b) and prevails, the civil penalty shall be deposited
in the state treasury to the credit of the general revenue fund. If
a local prosecuting attorney brings the action and prevails, the
civil penalty shall be deposited in the general fund of the
appropriate county.
(d) The attorney general may bring an action in the name of
this state to restrain or enjoin a violation or threatened
violation of this chapter.
SECTION 2. Chapter 113, 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
image was initially published before that date.
SECTION 3. This Act takes effect September 1, 2017.