Texas 2025 - 89th Regular

Texas Senate Bill SB441 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa of Hidalgo, et al. S.B. No. 441
2		-
3		-
	1	+	By: Hinojosa of Hidalgo S.B. No. 441
	2	+	(In the Senate - Filed November 21, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 6, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 6, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to civil liability for the production, solicitation,
9	12		disclosure, or promotion of artificial intimate visual material.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. The heading to Chapter 98B, Civil Practice and
12	15		Remedies Code, is amended to read as follows:
13	16		CHAPTER 98B. UNLAWFUL PRODUCTION, SOLICITATION, DISCLOSURE, OR
14	17		PROMOTION OF INTIMATE VISUAL MATERIAL
15	18		SECTION 2. Section 98B.001, Civil Practice and Remedies
16	19		Code, is amended by amending Subdivision (1) and adding
17	20		Subdivisions (1-a), (3), and (4) to read as follows:
18	21		(1) "Artificial intimate visual material" means
19	22		computer-generated intimate visual material that was produced,
20	23		adapted, or modified using an artificial intelligence application
21	24		or other computer software in which the person is recognizable as an
22	25		actual person by a person's face, likeness, or other distinguishing
23	26		characteristic, such as a unique birthmark or other recognizable
24	27		feature.
25	28		(1-a) "Intimate parts," "promote," "sexual conduct,"
26	29		and "visual material" have the meanings assigned by Section 21.16,
27	30		Penal Code.
28	31		(3) "Nudification application" means an artificial
29	32		intelligence application that is primarily designed and marketed
30	33		for the purpose of producing artificial intimate visual material.
31	34		(4) "Social media platform" has the meaning assigned
32	35		by Section 120.001, Business & Commerce Code.
33	36		SECTION 3. Chapter 98B, Civil Practice and Remedies Code,
34	37		is amended by adding Sections 98B.0021, 98B.0022, 98B.008, and
35	38		98B.009 to read as follows:
36	39		Sec. 98B.0021. LIABILITY FOR UNLAWFUL PRODUCTION,
37	40		SOLICITATION, DISCLOSURE, OR PROMOTION OF CERTAIN ARTIFICIAL
38	41		INTIMATE VISUAL MATERIAL. A defendant is liable, as provided by
39	42		this chapter, to a person depicted in artificial intimate visual
40	43		material for damages arising from the production, solicitation,
41	44		disclosure, or promotion of the material if:
42	45		(1) the defendant produces, solicits, discloses, or
43	46		promotes the artificial intimate visual material without the
44	47		effective consent of the depicted person and with the intent to harm
45	48		that person;
46	49		(2) the production, solicitation, disclosure, or
47	50		promotion of the artificial intimate visual material causes harm to
48	51		the depicted person; and
49	52		(3) the production, solicitation, disclosure, or
50	53		promotion of the artificial intimate visual material reveals the
51	54		identity of the depicted person in any manner, including through:
52	55		(A) any accompanying or subsequent information
53	56		or material related to the artificial intimate visual material; or
54	57		(B) information or material provided by a third
55	58		party in response to the disclosure of the artificial intimate
56	59		visual material.
57	60		Sec. 98B.0022. LIABILITY OF OWNERS OF INTERNET WEBSITES AND
58	61		ARTIFICIAL INTELLIGENCE APPLICATIONS AND PAYMENT PROCESSORS. (a) A
59	62		person who owns an Internet website, including a social media
60	63		platform, on which artificial intimate visual material is produced
61	64		or disclosed in exchange for payment or a publicly accessible
62	65		nudification application from which the material is produced, and
63	66		any person who processes or facilitates payment for the production
64	67		or disclosure of the material through the website or application,
65	68		is liable, as provided by this chapter, to a person depicted in the
66	69		material for damages arising from the production or disclosure of
67	70		the material if the person knows or recklessly disregards that the
68	71		depicted person did not consent to the production or disclosure of
69	72		the material.
70	73		(b) A person who owns an Internet website, including a
71	74		social media platform, on which artificial intimate visual material
72	75		is disclosed is liable, as provided by this chapter, to the person
73	76		depicted in the material for damages arising from the disclosure of
74	77		the material if the person depicted requests the website to remove
75		-	the material and the website fails to:
76		-	(1) notify the person making the request that the
77		-	owner has received the request within 24 hours of receiving the
78		-	request; or
79		-	(2) remove the material within 72 hours of receiving
80		-	the request.
81		-	(c) A person who owns an Internet website, including a
82		-	social media platform, shall make available on the Internet website
83		-	an easily accessible system that allows a person to submit a request
84		-	for the removal of artificial intimate visual material and track
85		-	the status of the request.
	78	+	the material and the website fails to do so within 72 hours after
	79	+	the request is made.
86	80		Sec. 98B.008. CONFIDENTIAL IDENTITY IN CERTAIN
87	81		ACTIONS. (a) In this section, "confidential identity" means:
88	82		(1) the use of a pseudonym; and
89	83		(2) the absence of any other identifying information,
90	84		including address, telephone number, and social security number.
91	85		(b) Except as otherwise provided by this section, in a suit
92	86		brought under this chapter, the court shall:
93	87		(1) make it known to the claimant as early as possible
94	88		in the proceedings of the suit that the claimant may use a
95	89		confidential identity in relation to the suit;
96	90		(2) allow a claimant to use a confidential identity in
97	91		all petitions, filings, and other documents presented to the court;
98	92		(3) use the confidential identity in all of the court's
99	93		proceedings and records relating to the suit, including any
100	94		appellate proceedings; and
101	95		(4) maintain the records relating to the suit in a
102	96		manner that protects the confidentiality of the claimant.
103	97		(c) In a suit brought under this chapter, only the following
104	98		persons are entitled to know the true identifying information about
105	99		the claimant:
106	100		(1) the judge;
107	101		(2) a party to the suit;
108	102		(3) the attorney representing a party to the suit; and
109	103		(4) a person authorized by a written order of a court
110	104		specific to that person.
111	105		(d) The court shall order that a person entitled to know the
112	106		true identifying information under Subsection (c) may not divulge
113	107		that information to anyone without a written order of the court. A
114	108		court shall hold a person who violates the order in contempt.
115	109		(e) Notwithstanding Section 22.004, Government Code, the
116	110		supreme court may not amend or adopt rules in conflict with this
117	111		section.
118	112		(f) A claimant is not required to use a confidential
119	113		identity as provided by this section.
120	114		Sec. 98B.009. STATUTE OF LIMITATIONS. A person must bring
121	115		suit under this chapter not later than 10 years after the later of
122	116		the date on which:
123	117		(1) the person depicted in the intimate visual
124	118		material that is the basis for the suit reasonably discovers the
125	119		intimate visual material; or
126	120		(2) the person depicted in the intimate visual
127	121		material that is the basis for the suit turns 18 years of age.
128	122		SECTION 4. The change in law made by this Act applies only
129	123		to a cause of action that accrues on or after the effective date of
130	124		this Act.
131	125		SECTION 5. This Act takes effect September 1, 2025.
	126	+	* * * * *