Texas 2023 - 88th Regular

Texas Senate Bill SB997 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 997
2	2
3	3
4	4	AN ACT
5	5	relating to the publication of certain photographs of human remains
6	6	by certain individuals for a purpose other than an authorized
7	7	purpose; providing a civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as the Kobe and Gianna
10	10	Bryant Act.
11	11	SECTION 2. Subtitle A, Title 8, Health and Safety Code, is
12	12	amended by adding Chapter 672A to read as follows:
13	13	CHAPTER 672A. PROHIBITED PUBLICATION OF CERTAIN PHOTOGRAPHS OF
14	14	HUMAN REMAINS
15	15	Sec. 672A.001. DEFINITIONS. In this chapter:
16	16	(1) "Human remains" has the meaning assigned by
17	17	Section 711.001.
18	18	(2) "Publish" means to display, present, or release a
19	19	photograph to an unauthorized person, or to cause a photograph to be
20	20	displayed, presented, or released to an unauthorized person.
21	21	Sec. 672A.002. PROHIBITED PUBLICATION OF CERTAIN
22	22	PHOTOGRAPHS DEPICTING HUMAN REMAINS. (a) An individual may not
23	23	publish a photograph of human remains that the individual obtained
24	24	while acting within the course and scope of the individual's duties
25	25	as an officer or employee of this state or a political subdivision
26	26	of this state.
27	27	(b) For purposes of Subsection (a), a photograph is
28	28	considered to have been published if the photograph is:
29	29	(1) displayed to an unauthorized person;
30	30	(2) released to an unauthorized person by any delivery
31	31	method, including text message, e-mail, or facsimile;
32	32	(3) posted on a social media platform; or
33	33	(4) sold to a news publication.
34	34	Sec. 672A.003. CIVIL PENALTY. (a) An individual who
35	35	violates Section 672A.002 is liable for a civil penalty in an amount
36	36	not to exceed $10,000 for each violation.
37	37	(b) The attorney general or the appropriate county or
38	38	district attorney may sue to collect the civil penalty provided by
39	39	Subsection (a) and may recover attorney's fees and costs incurred
40	40	in obtaining relief under this section.
41	41	(c) It is a defense to liability for a civil penalty under
42	42	this section that:
43	43	(1) the individual published the photograph of human
44	44	remains for an official law enforcement, scientific, educational,
45	45	research, or medical purpose, or as part of a civil proceeding; or
46	46	(2) the photograph was published in a documentary film
47	47	or television show with the approval of the chief medical examiner,
48	48	coroner, or commissioners court, as applicable, and the remains are
49	49	unidentifiable.
50	50	(d) A defendant may not assert official immunity as a
51	51	defense in an action brought under this section.
52	52	SECTION 3. This Act takes effect September 1, 2023.
53	53	______________________________ ______________________________
54	54	President of the Senate Speaker of the House
55	55	I hereby certify that S.B. No. 997 passed the Senate on
56	56	April 26, 2023, by the following vote: Yeas 30, Nays 1.
57	57	______________________________
58	58	Secretary of the Senate
59	59	I hereby certify that S.B. No. 997 passed the House on
60	60	May 24, 2023, by the following vote: Yeas 137, Nays 1,
61	61	one present not voting.
62	62	______________________________
63	63	Chief Clerk of the House
64	64	Approved:
65	65	______________________________
66	66	Date
67	67	______________________________
68	68	Governor