Texas 2019 - 86th Regular

Texas Senate Bill SB342 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1016 KJE-F
2	2	By: Huffman S.B. No. 342
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil and criminal liability for the unlawful
8	8	disclosure of intimate visual material.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 98B.002(a), Civil Practice and Remedies
11	11	Code, is amended to read as follows:
12	12	(a) A defendant is liable, as provided by this chapter, to a
13	13	person depicted in intimate visual material for damages arising
14	14	from the disclosure of the material if:
15	15	(1) the defendant discloses the intimate visual
16	16	material without the effective consent of the depicted person and
17	17	with the intent to harm that person;
18	18	(2) at the time of the disclosure, the defendant knows
19	19	or has reason to believe that the intimate visual material was
20	20	obtained by the defendant or created under circumstances in which
21	21	the depicted person had a reasonable expectation that the material
22	22	would remain private;
23	23	(3) the disclosure of the intimate visual material
24	24	causes harm to the depicted person; and
25	25	(4) the disclosure of the intimate visual material
26	26	reveals the identity of the depicted person in any manner,
27	27	including through:
28	28	(A) any accompanying or subsequent information
29	29	or material related to the intimate visual material; or
30	30	(B) information or material provided by a third
31	31	party in response to the disclosure of the intimate visual
32	32	material.
33	33	SECTION 2. Section 21.16(b), Penal Code, is amended to read
34	34	as follows:
35	35	(b) A person commits an offense if:
36	36	(1) without the effective consent of the depicted
37	37	person and with the intent to harm that person, the person
38	38	[intentionally] discloses visual material depicting another person
39	39	with the person's intimate parts exposed or engaged in sexual
40	40	conduct;
41	41	(2) at the time of the disclosure, the person knows or
42	42	has reason to believe that the visual material was obtained by the
43	43	person or created under circumstances in which the depicted person
44	44	had a reasonable expectation that the visual material would remain
45	45	private;
46	46	(3) the disclosure of the visual material causes harm
47	47	to the depicted person; and
48	48	(4) the disclosure of the visual material reveals the
49	49	identity of the depicted person in any manner, including through:
50	50	(A) any accompanying or subsequent information
51	51	or material related to the visual material; or
52	52	(B) information or material provided by a third
53	53	party in response to the disclosure of the visual material.
54	54	SECTION 3. (a) Section 98B.002, Civil Practice and
55	55	Remedies Code, as amended by this Act, applies only to a cause of
56	56	action that accrues on or after the effective date of this Act. A
57	57	cause of action that accrues before the effective date of this Act
58	58	is governed by the law applicable to the cause of action immediately
59	59	before the effective date of this Act, and that law is continued in
60	60	effect for that purpose.
61	61	(b) Section 21.16, Penal Code, as amended by this Act,
62	62	applies only to an offense committed on or after the effective date
63	63	of this Act. An offense committed before the effective date of this
64	64	Act is governed by the law in effect on the date the offense was
65	65	committed, and the former law is continued in effect for that
66	66	purpose. For purposes of this subsection, an offense was committed
67	67	before the effective date of this Act if any element of the offense
68	68	was committed before that date.
69	69	SECTION 4. This Act takes effect September 1, 2019.