Texas 2025 - 89th Regular

Texas House Bill HB3133 Compare Versions

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

Old	New	Differences
1	1	89R6192 MLH-D
2	2	By: Bhojani H.B. No. 3133
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to user reports of explicit deep fake material on social
10	10	media platforms.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 120, Business & Commerce
13	13	Code, is amended by adding Section 120.1001 to read as follows:
14	14	Sec. 120.1001. DEFINITIONS. In this subchapter:
15	15	(1) "Deep fake generator" means an Internet website or
16	16	application that allows a user to create or generate deep fake
17	17	material using software provided by the website or application.
18	18	The term does not include a separate platform on which deep fake
19	19	material is posted, sent, or distributed.
20	20	(2) "Deep fake material" means visual material,
21	21	created with the intent to deceive, that appears to depict a real
22	22	person performing an action that did not occur in reality.
23	23	(3) "Explicit deep fake material" means deep fake
24	24	material that appears to depict a real person engaging in sexual
25	25	conduct or other conduct resulting in the exposure of the person's
26	26	intimate parts.
27	27	(4) "Intimate parts," "sexual conduct," and "visual
28	28	material" have the meanings assigned by Section 21.16, Penal Code.
29	29	SECTION 2. Section 120.101, Business & Commerce Code, is
30	30	amended to read as follows:
31	31	Sec. 120.101. COMPLAINT SYSTEM. A social media platform
32	32	shall provide an easily accessible complaint system to enable a
33	33	user to submit a complaint in good faith and track the status of the
34	34	complaint, including a complaint regarding:
35	35	(1) illegal content or activity; [or]
36	36	(2) explicit deep fake material; or
37	37	(3) a decision made by the social media platform to
38	38	remove content posted by the user.
39	39	SECTION 3. Section 120.102, Business & Commerce Code, is
40	40	amended to read as follows:
41	41	Sec. 120.102. PROCESSING OF COMPLAINTS. (a) A social media
42	42	platform that receives notice of illegal content or illegal
43	43	activity on the social media platform shall make a good faith effort
44	44	to evaluate the legality of the content or activity within 48 hours
45	45	of receiving the notice, excluding hours during a Saturday or
46	46	Sunday and subject to reasonable exceptions based on concerns about
47	47	the legitimacy of the notice.
48	48	(b) A social media platform that receives notice of explicit
49	49	deep fake material on the social media platform shall:
50	50	(1) remove the content reported by the user as
51	51	explicit deep fake material;
52	52	(2) not later than 48 hours after the user submits the
53	53	notice, confirm to the user that the social media platform is aware
54	54	of the material;
55	55	(3) conduct an investigation as required by Section
56	56	120.1025; and
57	57	(4) not later than the seventh day after the date the
58	58	user submitted the report to the social media platform, provide a
59	59	written notice to the user updating the user on the status of the
60	60	social media platform's investigation under Section 120.1025.
61	61	SECTION 4. Subchapter C, Chapter 120, Business & Commerce
62	62	Code, is amended by adding Section 120.1025 to read as follows:
63	63	Sec. 120.1025. INVESTIGATION OF EXPLICIT DEEP FAKE
64	64	MATERIAL. (a) A social media platform that receives notice of
65	65	explicit deep fake material on the social media platform shall
66	66	conduct an investigation to determine whether the content reported
67	67	by the user is explicit deep fake material.
68	68	(b) A social media platform may collect additional
69	69	information necessary to complete an investigation under this
70	70	section.
71	71	(c) Except as provided by Subsection (d), a social media
72	72	platform shall complete an investigation under this section not
73	73	later than the 30th day after the date the user submitted the report
74	74	to the social media platform.
75	75	(d) If a social media platform cannot complete an
76	76	investigation under this section due to circumstances that are
77	77	reasonably beyond the social media platform's control, the social
78	78	media platform shall complete the investigation not later than the
79	79	60th day after the date the user submitted the report to the social
80	80	media platform. The social media platform shall provide notice to
81	81	the user who submitted the report of the anticipated delay not later
82	82	than 48 hours after the social media platform becomes aware of the
83	83	circumstances that cause the delay.
84	84	(e) If a social media platform determines after an
85	85	investigation under this section that the reported material is not
86	86	explicit deep fake material, the social media platform may restore
87	87	the material.
88	88	(f) If a social media platform determines after an
89	89	investigation under this section that the reported material is
90	90	explicit deep fake material, the social media platform shall
91	91	implement measures to ensure the same material is not posted on the
92	92	social media platform again.
93	93	SECTION 5. Section 120.103(b), Business & Commerce Code, is
94	94	amended to read as follows:
95	95	(b) A social media platform is not required to provide a
96	96	user with notice or an opportunity to appeal under Subsection (a) if
97	97	the social media platform:
98	98	(1) is unable to contact the user after taking
99	99	reasonable steps to make contact; [or]
100	100	(2) knows that the potentially policy-violating
101	101	content relates to an ongoing law enforcement investigation; or
102	102	(3) removed the content under Section 120.102(b) due
103	103	to a complaint that the content was explicit deep fake material.
104	104	SECTION 6. This Act takes effect September 1, 2025.