| 1 | 1 | | 88R23268 JES-F |
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| 2 | 2 | | By: Lalani H.B. No. 4897 |
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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 civil liability for online impersonation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 10 | 10 | | amended by adding Chapter 98C to read as follows: |
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| 11 | 11 | | CHAPTER 98C. LIABILITY FOR ONLINE IMPERSONATION |
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| 12 | 12 | | Sec. 98C.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Online impersonation" means a person's use of an |
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| 14 | 14 | | individual's name, voice, signature, photograph, or likeness |
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| 15 | 15 | | through social media without that individual's consent or if the |
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| 16 | 16 | | individual is a minor, the consent of that individual's parent, |
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| 17 | 17 | | legal guardian, or managing conservator. |
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| 18 | 18 | | (2) "Photograph" includes any photograph or |
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| 19 | 19 | | photographic reproduction, still or moving, or any videotape or |
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| 20 | 20 | | live television transmission of any individual in which the |
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| 21 | 21 | | individual is readily identifiable. |
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| 22 | 22 | | (3) "Readily identifiable" means identifiable using |
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| 23 | 23 | | only the naked eye to reasonably determine the identity of an |
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| 24 | 24 | | individual in a photograph. |
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| 25 | 25 | | (4) "Social media" means a form of electronic |
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| 26 | 26 | | communication through which users create online communities to |
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| 27 | 27 | | share information, ideas, personal messages, and other content. |
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| 28 | 28 | | Sec. 98C.002. APPLICABILITY OF CHAPTER. This chapter does |
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| 29 | 29 | | not apply to a law enforcement agency or a law enforcement agency |
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| 30 | 30 | | employee acting within the scope of employment in investigating |
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| 31 | 31 | | Internet crimes. |
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| 32 | 32 | | Sec. 98C.003. CONSTRUCTION OF CHAPTER. This chapter may |
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| 33 | 33 | | not be construed to impose liability on an interactive computer |
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| 34 | 34 | | service as defined by 47 U.S.C. Section 230(f) for content provided |
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| 35 | 35 | | by another person. |
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| 36 | 36 | | Sec. 98C.004. LIABILITY FOR ONLINE IMPERSONATION; |
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| 37 | 37 | | EXCEPTION. (a) Except as provided by Subsection (b), a person is |
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| 38 | 38 | | liable to another person injured by the person's online |
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| 39 | 39 | | impersonation if the person knowingly and with the intent to harm, |
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| 40 | 40 | | defraud, intimidate, or threaten the injured person used the online |
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| 41 | 41 | | impersonation to create a false identity. |
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| 42 | 42 | | (b) A person is not liable for an online impersonation of |
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| 43 | 43 | | which the sole purpose is satire or parody. |
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| 44 | 44 | | Sec. 98C.005. DAMAGES. (a) A claimant who prevails in an |
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| 45 | 45 | | action under this chapter shall be awarded actual damages, |
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| 46 | 46 | | including expenditures made by the claimant related to counseling, |
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| 47 | 47 | | identity theft, or libel. The defendant's profits attributable to |
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| 48 | 48 | | the defendant's online impersonation of the claimant may be |
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| 49 | 49 | | considered in the computation of actual damages. |
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| 50 | 50 | | (b) In addition to an award under Subsection (a), a claimant |
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| 51 | 51 | | who prevails in an action under this chapter may recover exemplary |
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| 52 | 52 | | damages of not less than $500. |
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| 53 | 53 | | (c) The court shall award costs and reasonable attorney's |
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| 54 | 54 | | fees to the prevailing party in any action under this chapter. |
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| 55 | 55 | | Sec. 98C.006. INJUNCTIVE RELIEF. A court in which an action |
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| 56 | 56 | | is brought under this chapter, on the motion of a claimant depicted |
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| 57 | 57 | | in the defendant's online impersonation, may issue a temporary |
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| 58 | 58 | | restraining order or a temporary or permanent injunction to |
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| 59 | 59 | | restrain and prevent the online impersonation of the claimant. |
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| 60 | 60 | | Sec. 98C.007. CAUSE OF ACTION CUMULATIVE. The cause of |
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| 61 | 61 | | action created by this chapter is cumulative of any other remedy |
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| 62 | 62 | | provided by common law or statute. |
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| 63 | 63 | | SECTION 2. This Act takes effect September 1, 2023. |
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