Texas 2025 - 89th Regular

Texas House Bill HB421 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R20747~~ MLH-D
2		-	By: González of El Paso~~, Walle~~ H.B. No. 421
3		-	~~Substitute the following for H.B. No. 421:~~
4		-	~~By: Moody C.S.H.B. No. 421~~
	1	+	89R1355 MLH-D
	2	+	By: González of El Paso H.B. No. 421
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the creation of certain explicit deep fake material;
10	10		providing a private cause of action.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
13	13		amended by adding Chapter 121 to read as follows:
14	14		CHAPTER 121. CREATION OF EXPLICIT DEEP FAKE MATERIAL
15	15		Sec. 121.001. DEFINITIONS. In this chapter:
16	16		(1) "Deep fake generator" means an Internet website or
17	17		application operating in this state that allows a user to create or
18	18		generate deep fake material using software provided by the website
19	19		or application. The term does not include a separate platform on
20	20		which deep fake material is posted, sent, or distributed.
21	21		(2) "Deep fake material" means visual material,
22	22		created with the intent to deceive, that appears to depict a real
23	23		person performing an action that did not occur in reality.
24	24		(3) "Explicit deep fake material" means deep fake
25	25		material that appears to depict a real person engaging in sexual
26	26		conduct or other conduct resulting in the exposure of the person's
27	27		intimate parts.
28	28		(4) "Intimate parts," "sexual conduct," and "visual
29	29		material" have the meanings assigned by Section 21.16, Penal Code.
30		-	Sec. 121.002. REQUIRED AGE VERIFICATION. (a) Before a deep
31		-	fake generator creates or generates explicit deep fake material,
32		-	the owner of the deep fake generator shall verify the age of the
33		-	person apparently depicted by the explicit deep fake material using
34		-	a commercially reasonable age verification method.
35		-	(b) The owner of a deep fake generator may not allow the deep
36		-	fake generator to create or generate explicit deep fake material
37		-	apparently depicting a person who is at least 18 years old without
38		-	the written consent of the person.
39		-	(c) The owner of a deep fake generator may not allow the deep
40		-	fake generator to create or generate explicit deep fake material
41		-	apparently depicting a person who is younger than 18 years old.
	30	+	Sec. 121.002. REQUIRED AGE VERIFICATION. (a) Before
	31	+	creating or generating explicit deep fake material, a deep fake
	32	+	generator shall verify the age of the person apparently depicted by
	33	+	the explicit deep fake material using a commercially reasonable age
	34	+	verification method.
	35	+	(b) A deep fake generator may not create or generate
	36	+	explicit deep fake material apparently depicting a person who is at
	37	+	least 18 years old without the written consent of the person.
	38	+	(c) A deep fake generator may not create or generate
	39	+	explicit deep fake material apparently depicting a person who is
	40	+	younger than 18 years old.
42	41		Sec. 121.003. PRIVATE CAUSE OF ACTION. (a) A person in
43	42		this state apparently depicted by explicit deep fake material in
44	43		violation of this chapter, or the person's parent or guardian if the
45		-	person is younger than 18 years old, may bring an action against ~~the~~
46		-	~~owner of a~~ deep fake generator who violates this chapter.
	44	+	person is younger than 18 years old, may bring an action against a
	45	+	deep fake generator who violates this chapter.
47	46		(b) A person who prevails in an action under this section
48	47		shall be awarded:
49	48		(1) actual damages, including damages for mental
50	49		anguish;
51	50		(2) court costs; and
52	51		(3) reasonable attorney's fees.
53	52		(c) In addition to an award under Subsection (b), a person
54	53		who prevails in an action under this section may recover exemplary
55	54		damages.
56	55		(d) A cause of action under this section is cumulative of
57	56		any other remedy provided by common law or statute.
58	57		SECTION 2. Section 121.003, Business & Commerce Code, as
59	58		added by this Act, applies only to a cause of action that accrues on
60	59		or after the effective date of this Act.
61	60		SECTION 3. This Act takes effect September 1, 2025.