89R15846 GP-D
By: Capriglione H.B. No. 4437
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that the Department of Information
Resources implement and develop certain systems and databases to
authenticate and track certain digital content.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2054, Government Code, is
amended by adding Sections 2054.0542 and 2054.0543 to read as
follows:
Sec. 2054.0542. DIGITAL WATERMARKING SYSTEM. (a) In this
section:
(1) "Cryptographic hash database" means a secure
repository for storing digital signatures or hashes generated from
images that may be used to verify that the images have not been
altered.
(2) "Data provenance" means information regarding the
origin or history of, and changes to, digital content, for the
purpose of ensuring that the digital content's authenticity may be
verified.
(3) "Digital watermarking" means a process of
embedding information, either imperceptible or visible, into a
digital image to certify the image's authenticity and integrity.
(4) "Hash" means a cryptographic representation of an
original image or video.
(5) "State website" means any state website maintained
by the department that is primarily used to disseminate information
to the public.
(b) The department shall implement and maintain a digital
watermarking system to:
(1) embed into each image posted on a state website the
image's data provenance; and
(2) generate a hash for each image posted by the
department on a state website and record the hash in a cryptographic
hash database.
(c) The digital watermarking system must be tamper-evident
and readily verifiable by the general public through accessible
online tools or interfaces.
(d) The department may provide technical assistance to
another state agency to assist the agency in implementing a digital
watermarking system or another data provenance measure for the
agency's digital media.
Sec. 2054.0543. HASHMARK SHARING DATABASE FOR CERTAIN
MATERIAL. (a) In this section:
(1) "Artificial intelligence" means technology that
enables a computer to perform advanced functions, including
analyzing data, making recommendations, and understanding
language.
(2) "Child sexual abuse material" means an image,
including a video, of a child engaging in sexual conduct or sexual
performance.
(3) "Hash" has the meaning assigned by Section
2054.0542.
(4) "Hashmark sharing database" means a database to
which hashes that have been labeled are added for the purpose of
allowing a person with access to the database to identify certain
content that is visually similar to the images represented by
hashes in the database.
(b) The department shall develop and maintain a hashmark
sharing database for hashes related to child sexual abuse material.
(c) The database must be accessible to state agencies,
private sector entities, and federal, state, and local law
enforcement agencies for the purpose of training artificial
intelligence systems or content moderation systems or taking other
action to prevent dissemination of child sexual abuse material on
any platform.
(d) The department may collaborate with the Department of
Public Safety and any federal, state, or local agency or
organization to develop and maintain the hashmark sharing database
required by this section.
SECTION 2. The Department of Information Resources shall
implement the digital watermarking system required by Section
2054.0542, Government Code, as added by this Act, and the hashmark
sharing database required by Section 2054.0543, Government Code, as
added by this Act, not later than September 1, 2026.
SECTION 3. This Act takes effect September 1, 2025.