| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Johnson, Kolkhorst S.B. No. 893 | |
| 2 | - | ||
| 3 | - | ||
| 2 | + | (In the Senate - Filed January 24, 2025; February 13, 2025, | |
| 3 | + | read first time and referred to Committee on State Affairs; | |
| 4 | + | March 17, 2025, reported adversely, with favorable Committee | |
| 5 | + | Substitute by the following vote: Yeas 11, Nays 0; March 17, 2025, | |
| 6 | + | sent to printer.) | |
| 7 | + | Click here to see the committee vote | |
| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 893 By: Perry | |
| 4 | 9 | ||
| 5 | 10 | ||
| 6 | 11 | A BILL TO BE ENTITLED | |
| 7 | 12 | AN ACT | |
| 8 | 13 | relating to criminal offenses for creating and distributing certain | |
| 9 | - | misleading images, audio recordings, and videos; creating a | |
| 10 | - | criminal offense. | |
| 14 | + | misleading images and videos; creating a criminal offense. | |
| 11 | 15 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 16 | SECTION 1. The heading to Section 255.004, Election Code, | |
| 13 | 17 | is amended to read as follows: | |
| 14 | - | Sec. 255.004. FALSE | |
| 15 | - | COMMUNICATION. | |
| 18 | + | Sec. 255.004. FALSE IMAGES, VIDEOS, AND SOURCES [TRUE | |
| 19 | + | SOURCE] OF COMMUNICATION. | |
| 16 | 20 | SECTION 2. Section 255.004, Election Code, is amended by | |
| 17 | - | amending Subsections (c), (d), and (e) and adding Subsections | |
| 18 | - | ||
| 21 | + | amending Subsections (c), (d), and (e) and adding Subsections (d-1) | |
| 22 | + | and (d-2) to read as follows: | |
| 19 | 23 | (c) An offense under Subsection (a), (b), or (d) [this | |
| 20 | 24 | section] is a Class A misdemeanor. An offense under Subsection | |
| 21 | 25 | (d-1) is a Class B misdemeanor. | |
| 22 | 26 | (d) A person commits an offense if the person, with the | |
| 23 | 27 | intent to deceive and with the intent to injure a candidate or | |
| 24 | 28 | influence the result of an election: | |
| 25 | - | (1) creates or causes to be created a deep fake video | |
| 26 | - | ||
| 29 | + | (1) creates or causes to be created a deep fake video; | |
| 30 | + | and | |
| 27 | 31 | (2) publishes, distributes, or causes [the deep fake | |
| 28 | - | video] to be published or distributed the deep fake video | |
| 29 | - | ||
| 32 | + | video] to be published or distributed the deep fake video [within 30 | |
| 33 | + | days of an election]. | |
| 30 | 34 | (d-1) A person commits an offense if the person, with the | |
| 31 | 35 | intent to deceive and influence the result of an election: | |
| 32 | 36 | (1) creates or causes to be created an altered image; | |
| 33 | 37 | and | |
| 34 | 38 | (2) publishes, distributes, or causes to be published | |
| 35 | 39 | or distributed the altered image. | |
| 36 | 40 | (d-2) It is an affirmative defense to prosecution for an | |
| 37 | 41 | offense under Subsection (d-1) if the person includes on the image a | |
| 38 | 42 | clear label stating that the image is altered. | |
| 39 | - | (d-3) A person depicted in an altered image, deep fake audio | |
| 40 | - | recording, or deep fake video created, published, or distributed in | |
| 41 | - | violation of this section may bring an action for injunctive relief | |
| 42 | - | to prevent further violations of this section. | |
| 43 | 43 | (e) In this section: | |
| 44 | 44 | (1) "Altered image" means an image that has been | |
| 45 | 45 | manipulated to change the physical appearance of an individual or | |
| 46 | 46 | depict an individual performing an action that the individual did | |
| 47 | 47 | not perform. The term does not include: | |
| 48 | 48 | (A) a cartoon, caricature, or any other image | |
| 49 | 49 | that a reasonable viewer would understand to be a satirical | |
| 50 | 50 | representation of the individual; or | |
| 51 | 51 | (B) an image altered only to change the | |
| 52 | 52 | saturation, brightness, contrast, color, or any other superficial | |
| 53 | 53 | quality of the image. | |
| 54 | - | (2) "Deep fake audio recording" means an audio | |
| 55 | - | recording, created with the intent to deceive that appears to | |
| 56 | - | represent the words or sounds made by a real person that the person | |
| 57 | - | did not make. The term does not include: | |
| 58 | - | (A) an audio caricature or any other audio | |
| 59 | - | recording that a reasonable listener would understand to be a | |
| 60 | - | satirical representation of the individual; or | |
| 61 | - | (B) an audio recording altered only to change the | |
| 62 | - | speed, pitch, or any other superficial quality of the audio | |
| 63 | - | recording. | |
| 64 | - | (3) "Deep[, "deep] fake video" means a video[, created | |
| 54 | + | (2) "Deep[, "deep] fake video" means a video[, created | |
| 65 | 55 | with the intent to deceive,] that appears to depict a real person | |
| 66 | 56 | performing an action that the person did not perform [occur in | |
| 67 | - | reality]. The term does not include: | |
| 68 | - | (A) a cartoon, caricature, or any other video | |
| 69 | - | that a reasonable viewer would understand to be a satirical | |
| 70 | - | representation of the individual; or | |
| 71 | - | (B) a video altered only to change the | |
| 72 | - | saturation, brightness, contrast, color, or any other superficial | |
| 73 | - | quality of the video. | |
| 57 | + | reality]. | |
| 74 | 58 | SECTION 3. The change in law made by this Act applies only | |
| 75 | 59 | to an offense committed on or after the effective date of this Act. | |
| 76 | 60 | An offense committed before the effective date of this Act is | |
| 77 | 61 | governed by the law in effect on the date the offense was committed, | |
| 78 | 62 | and the former law is continued in effect for that purpose. For | |
| 79 | 63 | purposes of this section, an offense was committed before the | |
| 80 | 64 | effective date of this Act if any element of the offense occurred | |
| 81 | 65 | before that date. | |
| 82 | 66 | SECTION 4. This Act takes effect September 1, 2025. | |
| 67 | + | * * * * * |