By: Wu H.B. No. 3024
A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for doxing; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Penal Code, is amended by adding
Section 22.13 to read as follows:
Sec. 22.13 DOXING. (a) A person commits an offense if:
(1) the person intentionally posts another person's
private personal information without consent of the person whose
information is posted;
(2) the information is posted:
(A) with the intent to promote or assist in the
commission of an offense that would cause the person whose
information is posted to suffer death, bodily injury, or stalking,
under Section 42.072; or,
(B) with the intent that the information would be
used to threaten harm or to harass any person and with reckless
disregard that the posting would be reasonably likely to incite an
attempt to cause the person to suffer death, bodily injury, or
stalking, under Section 42.072; and,
(3) the posting of the information:
(A) is conducted with knowledge that the
information will be used in the commission of an offense that would
cause harm to the person whose information is posted or to a close
relation to that person;
(B) would cause a reasonable person to suffer
significant economic injury or mental anguish or to fear serious
bodily injury or death for oneself or for a close relation to
oneself; or
(C) causes the person whose information is posted
to suffer a substantial life disruption.
(b) An offense under paragraph a(3)(A) or (a)(3)(B) is a
Class A misdemeanor, except that the offense is a State Jail Felony
if an individual suffers death, physical injury, mental anguish or
significant economic injury as a proximate result of conduct
arising out of the posting.
(c) An offense under Subsection a(3)(C) is a Class B
misdemeanor.
(d) If in the trial of an offense under this section, an
affirmative finding is made that the offense was committed because
of bias or prejudice, under Article 42.014, Code of Criminal
Procedure, the punishment for the offense is increased as provided
under Section 12.47.
(e) It is not an offense under this section for a person to
provide another person's private personal information in
connection with:
(1) the reporting of information about criminal
activity to a peace officer or an employee of a law enforcement
agency, and the person making the report reasonably believes the
information to be true;
(2) any lawfully authorized investigative,
protective, or intelligence activity of any law enforcement agency
or of an intelligence agency of the United States; or
(3) lawful and constitutionally protected activity as
it pertains to speech, assembly or petition.
(f) Nothing in this section shall be construed in any manner
to:
(1) conflict with 47 U.S.C. § 230 of the Communication
Decency Act;
(2) conflict with 42 U.S.C. § 1983 of the Civil Rights
Act; or,
(3) prohibit any activity protected under the
Constitution of the United States or the Texas Constitution.
(g) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
(h) In this section:
(1) "Close relation" means a member of the person's
family or household or an individual with whom the person has a
dating relationship, or any other individual for whom the release
of the private personal information could reasonably lead to an
offense being committed against that individual, including
coworkers or persons at the residence of the person who is the
subject of the information.
(2) "Dating relationship," "family," "household," and
"member of a household" have the meanings assigned by Chapter 71,
Family Code.
(2) "Electronic communication" has the meaning
assigned by Section 42.07;
(3) "Mental anguish" means emotional distress or
emotional suffering as evidenced by anxiety, fear, torment or
apprehension that may or may not result in a physical manifestation
of mental anguish or a mental health diagnosis. The mental anguish
must be protracted and not merely trivial or transitory;
(4) "Private personal information" means:
(A) "Personal identifying information" as that
term is defined in Section 521.002(a)(1), Business and Commerce
Code;
(B) "Sensitive personal information" as that
term is defined in Section 521.002(a)(2), Business and Commerce
Code;
(C) information that alone or in conjunction with
other information identifies an individual and reveals the
individual's race, color, disability, religion, sex, national
origin, or age, or includes any sexually intimate visual depiction
of the individual; and,
(D) usernames, passwords, or any other
information that provides access to a person's communications by
means of teleconferencing, video-teleconferencing, or any other
form of digital meeting room.
(5) "Post" means to circulate, deliver, distribute,
disseminate, transmit or otherwise make available to two or more
persons through electronic communication;
(6) "Substantial life disruption" means that a person
significantly modifies that person's actions or routines in an
attempt to avoid the actor or because of the actor's course of
conduct, such as changing a phone number, changing an electronic
mail address, deleting personal electronic accounts or
significantly decreasing use of the internet, moving from an
established residence, changing daily routines, changing routes to
and from work, changing employment or work schedule or losing time
from work or a job.
SECTION 2. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.39 to read as follows:
Art. 13.39. DOXING. The offense of doxing may be prosecuted
in any county in which an element of the offense occurred, or in
which a person resides who is the subject of the private personal
information posted as an element of the offense.
SECTION 3. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 98C to read as follows:
CHAPTER 98C. LIABILITY FOR DOXING
Sec 98C.001. DEFINITIONS. In this chapter, "private
personal information" has the meaning assigned by Section 22.13(h),
Penal Code.
Sec. 98C.002. LIABILITY. (a) A defendant who engages in
doxing, as that offense is defined under Section 22.13, Penal Code,
is liable, as provided by this chapter, for damages arising from the
posting of private personal information by the defendant, as
described by that section, to the person whose information was
posted.
Sec. 98C.003. DAMAGES. (a) A claimant who prevails in a
suit under this chapter shall be awarded:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) court costs; and
(3) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in a suit under this chapter may recover exemplary
damages.
Sec. 98C.003. INJUNCTIVE RELIEF. A court in which a suit is
brought under this chapter, on the motion of a party, may issue a
temporary restraining order or a temporary or permanent injunction
to restrain and prevent the disclosure or continued disclosure of a
party's private personal information.
Sec. 98C.004. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
Sec. 98C.005. JURISDICTION. A court has personal
jurisdiction over a defendant in a suit brought under this chapter
if:
(1) the defendant resides in this state;
(2) the person whose private personal information was
posted resides in this state;
(3) the private personal information is stored on a
server that is located in this state; or
(4) the private personal information is available for
view in this state.
Sec. 98C.006. JOINT AND SEVERAL LIABILITY. A person who is
found liable under this chapter is jointly and severally liable
with any other defendant for the entire amount of damages resulting
in whole or in part from the posting of private personal information
by the defendant.
Sec. 98C.007. LIBERAL CONSTRUCTION AND APPLICATION;
CERTAIN CONDUCT EXCEPTED. This chapter shall be liberally construed
and applied to promote its underlying purpose to protect persons
from, and provide adequate remedies to victims of, doxing.
SECTION 4. This Act takes effect September 1, 2021.