Texas 2023 - 88th Regular

Texas House Bill HB1896 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		88R7732 JRR-D
2	2		By: Guillen, Plesa, Garcia, Neave Criado H.B. No. 1896
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 or promotion of intimate visual material.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Section 98B.002, Civil Practice and Remedies
11	11		Code, is amended by amending Subsection (a) and adding Subsection
12	12		(c) to read as follows:
13	13		(a) A defendant is liable, as provided by this chapter, to a
14	14		person depicted in intimate visual material for damages arising
15	15		from the disclosure of the material if:
16	16		(1) the defendant discloses the intimate visual
17	17		material without the effective consent of the depicted person and
18	18		with the intent to harm that person;
19	19		(2) either:
20	20		(A) at the time of the disclosure, the defendant
21	21		knows or has reason to believe that the intimate visual material was
22	22		obtained by the defendant or created under circumstances in which
23	23		the depicted person had a reasonable expectation that the material
24	24		would remain private; or
25	25		(B) the intimate visual material was created,
26	26		adapted, or modified as described by Subsection (c);
27	27		(3) the disclosure of the intimate visual material
28	28		causes harm to the depicted person; and
29	29		(4) the disclosure of the intimate visual material
30	30		reveals the identity of the depicted person in any manner,
31	31		including through:
32	32		(A) any accompanying or subsequent information
33	33		or material related to the intimate visual material; or
34	34		(B) information or material provided by a third
35	35		party in response to the disclosure of the intimate visual
36	36		material.
37	37		(c) For purposes of conduct for which a defendant is liable
38	38		under Subsection (a) or (b), intimate visual material to which that
39	39		conduct applies includes a depiction of a person:
40	40		(1) who is recognizable as an actual person by the
41	41		person's face, likeness, or other distinguishing characteristic,
42	42		such as a unique birthmark or other recognizable feature; and
43	43		(2) whose image was used in creating, adapting, or
44	44		modifying the intimate visual material, including
45	45		computer-generated intimate visual material that was created,
46	46		adapted, or modified using an artificial intelligence application
47	47		or other computer software.
48	48		SECTION 2. Section 21.16, Penal Code, is amended by
49	49		amending Subsection (b) and adding Subsection (d-1) to read as
50	50		follows:
51	51		(b) A person commits an offense if:
52	52		(1) without the effective consent of the depicted
53	53		person and with the intent to harm that person, the person discloses
54	54		visual material depicting another person with the person's intimate
55	55		parts exposed or engaged in sexual conduct;
56	56		(2) either:
57	57		(A) at the time of the disclosure, the person
58	58		knows or has reason to believe that the visual material was obtained
59	59		by the person or created under circumstances in which the depicted
60	60		person had a reasonable expectation that the visual material would
61	61		remain private; or
62	62		(B) the visual material was created, adapted, or
63	63		modified as described by Subsection (d-1);
64	64		(3) the disclosure of the visual material causes harm
65	65		to the depicted person; and
66	66		(4) the disclosure of the visual material reveals the
67	67		identity of the depicted person in any manner, including through:
68	68		(A) any accompanying or subsequent information
69	69		or material related to the visual material; or
70	70		(B) information or material provided by a third
71	71		party in response to the disclosure of the visual material.
72	72		(d-1) For purposes of conduct prohibited under Subsection
73	73		(b), (c), or (d), visual material to which that conduct applies
74	74		includes a depiction of a person:
75	75		(1) who is recognizable as an actual person by the
76	76		person's face, likeness, or other distinguishing characteristic,
77	77		such as a unique birthmark or other recognizable feature; and
78	78		(2) whose image was used in creating, adapting, or
79	79		modifying the visual material, including computer-generated visual
80	80		material that was created, adapted, or modified using an artificial
81	81		intelligence application or other computer software.
82	82		SECTION 3. (a) Section 98B.002, Civil Practice and
83	83		Remedies Code, as amended by this Act, applies only to a cause of
84	84		action that accrues on or after the effective date of this Act. A
85	85		cause of action that accrues before the effective date of this Act
86	86		is governed by the law applicable to the cause of action immediately
87	87		before the effective date of this Act, and that law is continued in
88	88		effect for that purpose.
89	89		(b) Section 21.16, Penal Code, as amended by this Act,
90	90		applies only to an offense committed on or after the effective date
91	91		of this Act. An offense committed before the effective date of this
92	92		Act is governed by the law in effect on the date the offense was
93	93		committed, and the former law is continued in effect for that
94	94		purpose. For purposes of this subsection, an offense was committed
95	95		before the effective date of this Act if any element of the offense
96	96		was committed before that date.
97	97		SECTION 4. This Act takes effect September 1, 2023.