| 1 | 1 | | 87R12046 MWC-D |
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| 2 | 2 | | By: Huffman S.B. No. 1496 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to removal of certain intimate visual material by a search |
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| 8 | 8 | | engine operator of an Internet website; imposing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 11 | 11 | | amended by adding Chapter 113 to read as follows: |
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| 12 | 12 | | CHAPTER 113. REMOVAL OF CERTAIN INTIMATE VISUAL MATERIAL BY SEARCH |
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| 13 | 13 | | ENGINE OPERATOR OF INTERNET WEBSITE |
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| 14 | 14 | | Sec. 113.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Intimate parts," "sexual conduct," and "visual |
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| 16 | 16 | | material" have the meanings assigned by Section 21.16, Penal Code. |
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| 17 | 17 | | (2) "Intimate visual material" means visual material |
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| 18 | 18 | | depicting a person with the person's intimate parts exposed, |
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| 19 | 19 | | engaged in sexual conduct, or otherwise in an intimate state. |
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| 20 | 20 | | (3) "Search engine operator" means an operator of an |
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| 21 | 21 | | Internet website that functions primarily as a search engine. |
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| 22 | 22 | | Sec. 113.002. REMOVAL OF CERTAIN INTIMATE VISUAL MATERIAL. |
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| 23 | 23 | | (a) This section applies only to: |
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| 24 | 24 | | (1) intimate visual material that was: |
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| 25 | 25 | | (A) obtained by a person or created under |
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| 26 | 26 | | circumstances in which the person depicted in the visual material |
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| 27 | 27 | | had a reasonable expectation that the visual material would remain |
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| 28 | 28 | | private; and |
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| 29 | 29 | | (B) posted on an Internet website or otherwise |
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| 30 | 30 | | made publicly available without the consent of the person depicted |
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| 31 | 31 | | in the visual material; and |
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| 32 | 32 | | (2) intimate visual material that was: |
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| 33 | 33 | | (A) created without the consent of the person |
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| 34 | 34 | | depicted in the visual material; and |
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| 35 | 35 | | (B) posted on an Internet website or otherwise |
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| 36 | 36 | | made publicly available. |
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| 37 | 37 | | (b) A search engine operator that has agreed to remove a |
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| 38 | 38 | | person's intimate visual material described by Subsection (a) from |
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| 39 | 39 | | the Internet website must monitor the website and use established |
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| 40 | 40 | | methods to automatically remove any subsequent instance of the |
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| 41 | 41 | | intimate visual material that has been reposted to the website. |
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| 42 | 42 | | Sec. 113.003. CIVIL PENALTY; INJUNCTION. (a) A search |
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| 43 | 43 | | engine operator that violates Section 113.002 is liable to this |
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| 44 | 44 | | state for a civil penalty in an amount not to exceed $500 for each |
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| 45 | 45 | | day the search engine operator violates Section 113.002. |
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| 46 | 46 | | (b) The attorney general or an appropriate local |
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| 47 | 47 | | prosecuting attorney may bring an action to collect a civil penalty |
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| 48 | 48 | | imposed under this section. |
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| 49 | 49 | | (c) If the attorney general brings an action under |
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| 50 | 50 | | Subsection (b) and prevails, the civil penalty shall be deposited |
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| 51 | 51 | | in the state treasury to the credit of the general revenue fund. If |
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| 52 | 52 | | a local prosecuting attorney brings the action and prevails, the |
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| 53 | 53 | | civil penalty shall be deposited in the general fund of the |
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| 54 | 54 | | appropriate county. |
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| 55 | 55 | | (d) The attorney general may bring an action in the name of |
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| 56 | 56 | | this state to enjoin a violation of this chapter. |
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| 57 | 57 | | (e) The attorney general is entitled to recover reasonable |
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| 58 | 58 | | expenses incurred in bringing an action under this section, |
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| 59 | 59 | | including reasonable attorney's fees and court costs. |
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| 60 | 60 | | SECTION 2. Chapter 113, Business & Commerce Code, as added |
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| 61 | 61 | | by this Act, applies to any intimate visual material that a search |
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| 62 | 62 | | engine operator has agreed to remove from its Internet website, |
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| 63 | 63 | | regardless of whether the search engine operator agreed to the |
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| 64 | 64 | | removal of the intimate visual material before, on, or after the |
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| 65 | 65 | | effective date of this Act. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2021. |
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