89R2891 AMF-F
By: Hinojosa of Hidalgo S.B. No. 2682
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for online impersonation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 98C to read as follows:
CHAPTER 98C. LIABILITY FOR ONLINE IMPERSONATION
Sec. 98C.001. DEFINITIONS. In this chapter:
(1) "Online impersonation" means a person's use of an
individual's name, voice, signature, photograph, or likeness
through social media without that individual's consent or, if the
individual is a minor, the consent of that individual's parent,
legal guardian, or managing conservator.
(2) "Photograph" includes any photograph or
photographic reproduction, still or moving, or any videotape or
live television transmission of any individual in which the
individual is readily identifiable.
(3) "Readily identifiable" means identifiable using
only the naked eye to reasonably determine the identity of an
individual in a photograph.
(4) "Social media" means a form of electronic
communication through which users create online communities to
share information, ideas, personal messages, and other content.
Sec. 98C.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to a law enforcement agency or a law enforcement agency
employee acting within the scope of employment in investigating
Internet crimes.
Sec. 98C.003. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to impose liability on an interactive computer
service as defined by 47 U.S.C. Section 230(f) for content provided
by another person.
Sec. 98C.004. LIABILITY FOR ONLINE IMPERSONATION;
EXCEPTION. (a) Except as provided by Subsection (b), a person is
liable to another person injured by the person's online
impersonation if the person knowingly and with the intent to harm,
defraud, intimidate, or threaten the injured person used the online
impersonation to create a false identity.
(b) A person is not liable for an online impersonation of
which the sole purpose is satire or parody.
Sec. 98C.005. DAMAGES. (a) A claimant who prevails in an
action under this chapter shall be awarded actual damages,
including expenditures made by the claimant related to counseling,
identity theft, or libel. The defendant's profits attributable to
the defendant's online impersonation of the claimant may be
considered in the computation of actual damages.
(b) In addition to an award under Subsection (a), a claimant
who prevails in an action under this chapter may recover exemplary
damages of not less than $500.
(c) The court shall award costs and reasonable attorney's
fees to the prevailing party in any action under this chapter.
Sec. 98C.006. INJUNCTIVE RELIEF. A court in which an action
is brought under this chapter, on the motion of a claimant depicted
in the defendant's online impersonation, may issue a temporary
restraining order or a temporary or permanent injunction to
restrain and prevent the online impersonation of the claimant.
Sec. 98C.007. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
SECTION 2. This Act takes effect September 1, 2025.