86R2663 KJE-F
By: González of El Paso H.B. No. 98
A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for the unlawful
disclosure of intimate visual material.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 98B.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 98B.002. LIABILITY FOR UNLAWFUL DISCLOSURE OR
PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. (a) A defendant is
liable, as provided by this chapter, to a person depicted in
intimate visual material for damages arising from the disclosure of
the material if:
(1) the defendant discloses the intimate visual
material without the effective consent of the depicted person and
with the intent to harass, annoy, alarm, abuse, torment, or
embarrass that person;
(2) the defendant knows or has reason to believe that
the intimate visual material was obtained by the defendant or
created under circumstances in which the depicted person had a
reasonable expectation that the material would remain private;
(3) the disclosure of the intimate visual material
causes harm to the depicted person; and
(4) the disclosure of the intimate visual material
reveals the identity of the depicted person in any manner,
including through:
(A) any accompanying or subsequent information
or material related to the intimate visual material; or
(B) information or material provided by a third
party in response to the disclosure of the intimate visual
material.
(b) A defendant is liable, as provided by this chapter, to a
person depicted in intimate visual material for damages arising
from the promotion of the material if, knowing the character and
content of the material and with the intent to harass, annoy, alarm,
abuse, torment, or embarrass the depicted person, the defendant
promotes intimate visual material described by Subsection (a) on an
Internet website or other forum for publication that is owned or
operated by the defendant.
SECTION 2. Sections 21.16(b) and (d), Penal Code, are
amended to read as follows:
(b) A person commits an offense if:
(1) without the effective consent of the depicted
person and with the intent to harass, annoy, alarm, abuse, torment,
or embarrass that person, the person [intentionally] discloses
visual material depicting another person with the person's intimate
parts exposed or engaged in sexual conduct;
(2) the person knows or has reason to believe that the
visual material was obtained by the person or created under
circumstances in which the depicted person had a reasonable
expectation that the visual material would remain private;
(3) the disclosure of the visual material causes harm
to the depicted person; and
(4) the disclosure of the visual material reveals the
identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information
or material related to the visual material; or
(B) information or material provided by a third
party in response to the disclosure of the visual material.
(d) A person commits an offense if, knowing the character
and content of the visual material and with the intent to harass,
annoy, alarm, abuse, torment, or embarrass the depicted person, the
person promotes visual material described by Subsection (b) on an
Internet website or other forum for publication that is owned or
operated by the person.
SECTION 3. (a) Section 98B.002, Civil Practice and
Remedies Code, as amended by this Act, applies only to a cause of
action that accrues on or after the effective date of this Act. A
cause of action that accrues before the effective date of this Act
is governed by the law applicable to the cause of action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
(b) Section 21.16, Penal Code, as amended by this Act,
applies only to an offense committed on or after the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this subsection, an offense was committed
before the effective date of this Act if any element of the offense
was committed before that date.
SECTION 4. This Act takes effect September 1, 2019.