Texas 2025 - 89th Regular

Texas House Bill HB1121 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R549 CJD/MZM-F
2	2	By: Gámez H.B. No. 1121
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to civil and criminal liability for the unlawful
10	10	disclosure or promotion of intimate visual material.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 98B.002, Civil Practice and Remedies
13	13	Code, is amended by amending Subsection (a) and adding Subsection
14	14	(c) to read as follows:
15	15	(a) A defendant is liable, as provided by this chapter, to a
16	16	person depicted in intimate visual material for damages arising
17	17	from the disclosure of the material if:
18	18	(1) the defendant discloses the intimate visual
19	19	material without the effective consent of the depicted person and
20	20	with the intent to harm that person;
21	21	(2) either:
22	22	(A) at the time of the disclosure, the defendant
23	23	knows or has reason to believe that the intimate visual material was
24	24	obtained by the defendant or created under circumstances in which
25	25	the depicted person had a reasonable expectation that the material
26	26	would remain private; or
27	27	(B) the intimate visual material was created,
28	28	adapted, or modified as described by Subsection (c);
29	29	(3) the disclosure of the intimate visual material
30	30	causes harm to the depicted person; and
31	31	(4) the disclosure of the intimate visual material
32	32	reveals the identity of the depicted person in any manner,
33	33	including through:
34	34	(A) any accompanying or subsequent information
35	35	or material related to the intimate visual material; or
36	36	(B) information or material provided by a third
37	37	party in response to the disclosure of the intimate visual
38	38	material.
39	39	(c) For purposes of conduct for which a defendant is liable
40	40	under Subsection (a) or (b), intimate visual material to which that
41	41	conduct applies includes a depiction of a person:
42	42	(1) who is recognizable as an actual person by the
43	43	person's face, likeness, or other distinguishing characteristic,
44	44	such as a unique birthmark or other recognizable feature; and
45	45	(2) whose image was used in creating, adapting, or
46	46	modifying the intimate visual material, including
47	47	computer-generated intimate visual material that was created,
48	48	adapted, or modified using an artificial intelligence application
49	49	or other computer software.
50	50	SECTION 2. Chapter 98B, Civil Practice and Remedies Code,
51	51	is amended by adding Section 98B.0021 to read as follows:
52	52	Sec. 98B.0021. LIABILITY FOR ASSISTANCE IN UNLAWFUL
53	53	DISCLOSURE OR PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. A
54	54	defendant is jointly and severally liable with any other defendant
55	55	to a person depicted in intimate visual material for damages
56	56	arising from the disclosure of the material if the material was
57	57	created, adapted, or modified as described by Section 98B.002(c)
58	58	using the defendant's artificial intelligence application or other
59	59	computer software if:
60	60	(1) the defendant failed to take reasonable
61	61	precautions against the creation, adaptation, or modification of
62	62	the material; and
63	63	(2) the material was created, adapted, or modified
64	64	without the consent of the person depicted.
65	65	SECTION 3. Section 21.16, Penal Code, is amended by
66	66	amending Subsection (b) and adding Subsection (d-1) to read as
67	67	follows:
68	68	(b) A person commits an offense if:
69	69	(1) without the effective consent of the depicted
70	70	person and with the intent to harm that person, the person discloses
71	71	visual material depicting another person with the person's intimate
72	72	parts exposed or engaged in sexual conduct;
73	73	(2) either:
74	74	(A) at the time of the disclosure, the person
75	75	knows or has reason to believe that the visual material was obtained
76	76	by the person or created under circumstances in which the depicted
77	77	person had a reasonable expectation that the visual material would
78	78	remain private; or
79	79	(B) the visual material was created, adapted, or
80	80	modified as described by Subsection (d-1);
81	81	(3) the disclosure of the visual material causes harm
82	82	to the depicted person; and
83	83	(4) the disclosure of the visual material reveals the
84	84	identity of the depicted person in any manner, including through:
85	85	(A) any accompanying or subsequent information
86	86	or material related to the visual material; or
87	87	(B) information or material provided by a third
88	88	party in response to the disclosure of the visual material.
89	89	(d-1) For purposes of conduct prohibited under Subsection
90	90	(b), (c), or (d), visual material to which that conduct applies
91	91	includes a depiction of a person:
92	92	(1) who is recognizable as an actual person by the
93	93	person's face, likeness, or other distinguishing characteristic,
94	94	such as a unique birthmark or other recognizable feature; and
95	95	(2) whose image was used in creating, adapting, or
96	96	modifying the visual material, including computer-generated visual
97	97	material that was created, adapted, or modified using an artificial
98	98	intelligence application or other computer software.
99	99	SECTION 4. (a) Chapter 98B, Civil Practice and Remedies
100	100	Code, as amended by this Act, applies only to a cause of action that
101	101	accrues on or after the effective date of this Act. A cause of
102	102	action that accrues before the effective date of this Act is
103	103	governed by the law applicable to the cause of action immediately
104	104	before the effective date of this Act, and that law is continued in
105	105	effect for that purpose.
106	106	(b) Section 21.16, Penal Code, as amended by this Act,
107	107	applies only to an offense committed on or after the effective date
108	108	of this Act. An offense committed before the effective date of this
109	109	Act is governed by the law in effect on the date the offense was
110	110	committed, and the former law is continued in effect for that
111	111	purpose. For purposes of this subsection, an offense was committed
112	112	before the effective date of this Act if any element of the offense
113	113	was committed before that date.
114	114	SECTION 5. This Act takes effect September 1, 2025.