S.B. No. 997
AN ACT
relating to the publication of certain photographs of human remains
by certain individuals for a purpose other than an authorized
purpose; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Kobe and Gianna
Bryant Act.
SECTION 2. Subtitle A, Title 8, Health and Safety Code, is
amended by adding Chapter 672A to read as follows:
CHAPTER 672A. PROHIBITED PUBLICATION OF CERTAIN PHOTOGRAPHS OF
HUMAN REMAINS
Sec. 672A.001. DEFINITIONS. In this chapter:
(1) "Human remains" has the meaning assigned by
Section 711.001.
(2) "Publish" means to display, present, or release a
photograph to an unauthorized person, or to cause a photograph to be
displayed, presented, or released to an unauthorized person.
Sec. 672A.002. PROHIBITED PUBLICATION OF CERTAIN
PHOTOGRAPHS DEPICTING HUMAN REMAINS. (a) An individual may not
publish a photograph of human remains that the individual obtained
while acting within the course and scope of the individual's duties
as an officer or employee of this state or a political subdivision
of this state.
(b) For purposes of Subsection (a), a photograph is
considered to have been published if the photograph is:
(1) displayed to an unauthorized person;
(2) released to an unauthorized person by any delivery
method, including text message, e-mail, or facsimile;
(3) posted on a social media platform; or
(4) sold to a news publication.
Sec. 672A.003. CIVIL PENALTY. (a) An individual who
violates Section 672A.002 is liable for a civil penalty in an amount
not to exceed $10,000 for each violation.
(b) The attorney general or the appropriate county or
district attorney may sue to collect the civil penalty provided by
Subsection (a) and may recover attorney's fees and costs incurred
in obtaining relief under this section.
(c) It is a defense to liability for a civil penalty under
this section that:
(1) the individual published the photograph of human
remains for an official law enforcement, scientific, educational,
research, or medical purpose, or as part of a civil proceeding; or
(2) the photograph was published in a documentary film
or television show with the approval of the chief medical examiner,
coroner, or commissioners court, as applicable, and the remains are
unidentifiable.
(d) A defendant may not assert official immunity as a
defense in an action brought under this section.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 997 passed the Senate on
April 26, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 997 passed the House on
May 24, 2023, by the following vote: Yeas 137, Nays 1,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor