Texas 2019 - 86th Regular

Texas House Bill HB98 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 98
	1	+	By: González of El Paso, Meyer H.B. No. 98
	2	+	(Senate Sponsor - Huffman, Zaffirini)
	3	+	(In the Senate - Received from the House April 26, 2019;
	4	+	April 29, 2019, read first time and referred to Committee on State
	5	+	Affairs; May 10, 2019, reported favorably by the following vote:
	6	+	Yeas 9, Nays 0; May 10, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to civil and criminal liability for the unlawful
6	13		disclosure of intimate visual material.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 98B.002(a), Civil Practice and Remedies
9	16		Code, is amended to read as follows:
10	17		(a) A defendant is liable, as provided by this chapter, to a
11	18		person depicted in intimate visual material for damages arising
12	19		from the disclosure of the material if:
13	20		(1) the defendant discloses the intimate visual
14	21		material without the effective consent of the depicted person and
15	22		with the intent to harm that person;
16	23		(2) at the time of the disclosure, the defendant knows
17	24		or has reason to believe that the intimate visual material was
18	25		obtained by the defendant or created under circumstances in which
19	26		the depicted person had a reasonable expectation that the material
20	27		would remain private;
21	28		(3) the disclosure of the intimate visual material
22	29		causes harm to the depicted person; and
23	30		(4) the disclosure of the intimate visual material
24	31		reveals the identity of the depicted person in any manner,
25	32		including through:
26	33		(A) any accompanying or subsequent information
27	34		or material related to the intimate visual material; or
28	35		(B) information or material provided by a third
29	36		party in response to the disclosure of the intimate visual
30	37		material.
31	38		SECTION 2. Section 21.16(b), Penal Code, is amended to read
32	39		as follows:
33	40		(b) A person commits an offense if:
34	41		(1) without the effective consent of the depicted
35	42		person and with the intent to harm that person, the person
36	43		[intentionally] discloses visual material depicting another person
37	44		with the person's intimate parts exposed or engaged in sexual
38	45		conduct;
39	46		(2) at the time of the disclosure, the person knows or
40	47		has reason to believe that the visual material was obtained by the
41	48		person or created under circumstances in which the depicted person
42	49		had a reasonable expectation that the visual material would remain
43	50		private;
44	51		(3) the disclosure of the visual material causes harm
45	52		to the depicted person; and
46	53		(4) the disclosure of the visual material reveals the
47	54		identity of the depicted person in any manner, including through:
48	55		(A) any accompanying or subsequent information
49	56		or material related to the visual material; or
50	57		(B) information or material provided by a third
51	58		party in response to the disclosure of the visual material.
52	59		SECTION 3. (a) Section 98B.002, Civil Practice and
53	60		Remedies Code, as amended by this Act, applies only to a cause of
54	61		action that accrues on or after the effective date of this Act. A
55	62		cause of action that accrues before the effective date of this Act
56	63		is governed by the law applicable to the cause of action immediately
57	64		before the effective date of this Act, and that law is continued in
58	65		effect for that purpose.
59	66		(b) Section 21.16, Penal Code, as amended by this Act,
60	67		applies only to an offense committed on or after the effective date
61	68		of this Act. An offense committed before the effective date of this
62	69		Act is governed by the law in effect on the date the offense was
63	70		committed, and the former law is continued in effect for that
64	71		purpose. For purposes of this subsection, an offense was committed
65	72		before the effective date of this Act if any element of the offense
66	73		was committed before that date.
67	74		SECTION 4. This Act takes effect September 1, 2019.
68		-	______________________________ ______________________________
69		-	President of the Senate Speaker of the House
70		-	I certify that H.B. No. 98 was passed by the House on April
71		-	25, 2019, by the following vote: Yeas 136, Nays 0, 1 present, not
72		-	voting.
73		-	______________________________
74		-	Chief Clerk of the House
75		-	I certify that H.B. No. 98 was passed by the Senate on May 19,
76		-	2019, by the following vote: Yeas 31, Nays 0.
77		-	______________________________
78		-	Secretary of the Senate
79		-	APPROVED: _____________________
80		-	Date
81		-	_____________________
82		-	Governor
	75	+	* * * * *