By: Johnson, Kolkhorst S.B. No. 893
A BILL TO BE ENTITLED
AN ACT
relating to criminal offenses for creating and distributing certain
misleading images, audio recordings, and videos; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 255.004, Election Code,
is amended to read as follows:
Sec. 255.004. FALSE MEDIA AND SOURCES [TRUE SOURCE] OF
COMMUNICATION.
SECTION 2. Section 255.004, Election Code, is amended by
amending Subsections (c), (d), and (e) and adding Subsections
(d-1), (d-2), and (d-3) to read as follows:
(c) An offense under Subsection (a), (b), or (d) [this
section] is a Class A misdemeanor. An offense under Subsection
(d-1) is a Class B misdemeanor.
(d) A person commits an offense if the person, with the
intent to deceive and with the intent to injure a candidate or
influence the result of an election:
(1) creates or causes to be created a deep fake video
or deep fake audio recording; and
(2) publishes, distributes, or causes [the deep fake
video] to be published or distributed the deep fake video or deep
fake audio recording [within 30 days of an election].
(d-1) A person commits an offense if the person, with the
intent to deceive and influence the result of an election:
(1) creates or causes to be created an altered image;
and
(2) publishes, distributes, or causes to be published
or distributed the altered image.
(d-2) It is an affirmative defense to prosecution for an
offense under Subsection (d-1) if the person includes on the image a
clear label stating that the image is altered.
(d-3) A person depicted in an altered image, deep fake audio
recording, or deep fake video created, published, or distributed in
violation of this section may bring an action for injunctive relief
to prevent further violations of this section.
(e) In this section:
(1) "Altered image" means an image that has been
manipulated to change the physical appearance of an individual or
depict an individual performing an action that the individual did
not perform. The term does not include:
(A) a cartoon, caricature, or any other image
that a reasonable viewer would understand to be a satirical
representation of the individual; or
(B) an image altered only to change the
saturation, brightness, contrast, color, or any other superficial
quality of the image.
(2) "Deep fake audio recording" means an audio
recording, created with the intent to deceive that appears to
represent the words or sounds made by a real person that the person
did not make. The term does not include:
(A) an audio caricature or any other audio
recording that a reasonable listener would understand to be a
satirical representation of the individual; or
(B) an audio recording altered only to change the
speed, pitch, or any other superficial quality of the audio
recording.
(3) "Deep[, "deep] fake video" means a video[, created
with the intent to deceive,] that appears to depict a real person
performing an action that the person did not perform [occur in
reality]. The term does not include:
(A) a cartoon, caricature, or any other video
that a reasonable viewer would understand to be a satirical
representation of the individual; or
(B) a video altered only to change the
saturation, brightness, contrast, color, or any other superficial
quality of the video.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2025.