Bill Text: TX HB235 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to civil and criminal liability for the unlawful disclosure or promotion of intimate visual material.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB235 Detail]
Download: Texas-2025-HB235-Introduced.html
| 89R15 JRR-D | ||
| By: Guillen | H.B. No. 235 | |
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| relating to civil and criminal liability for the unlawful | ||
| disclosure or promotion of intimate visual material. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 98B.002, Civil Practice and Remedies | ||
| Code, is amended by amending Subsection (a) and adding Subsection | ||
| (c) to read as follows: | ||
| (a) A defendant is liable, as provided by this chapter, to a | ||
| person depicted in intimate visual material for damages arising | ||
| from the disclosure of the material if: | ||
| (1) the defendant discloses the intimate visual | ||
| material without the effective consent of the depicted person and | ||
| with the intent to harm that person; | ||
| (2) either: | ||
| (A) at the time of the disclosure, the defendant | ||
| knows or has reason to believe that the intimate visual material was | ||
| obtained by the defendant or created under circumstances in which | ||
| the depicted person had a reasonable expectation that the material | ||
| would remain private; or | ||
| (B) the intimate visual material was created, | ||
| adapted, or modified as described by Subsection (c); | ||
| (3) the disclosure of the intimate visual material | ||
| causes harm to the depicted person; and | ||
| (4) the disclosure of the intimate visual material | ||
| reveals the identity of the depicted person in any manner, | ||
| including through: | ||
| (A) any accompanying or subsequent information | ||
| or material related to the intimate visual material; or | ||
| (B) information or material provided by a third | ||
| party in response to the disclosure of the intimate visual | ||
| material. | ||
| (c) For purposes of conduct for which a defendant is liable | ||
| under Subsection (a) or (b), intimate visual material to which that | ||
| conduct applies includes a depiction of a person: | ||
| (1) who is recognizable as an actual person by the | ||
| person's face, likeness, or other distinguishing characteristic, | ||
| such as a unique birthmark or other recognizable feature; and | ||
| (2) whose image was used in creating, adapting, or | ||
| modifying the intimate visual material, including | ||
| computer-generated intimate visual material that was created, | ||
| adapted, or modified using an artificial intelligence application | ||
| or other computer software. | ||
| SECTION 2. Section 21.16, Penal Code, is amended by | ||
| amending Subsection (b) and adding Subsection (d-1) to read as | ||
| follows: | ||
| (b) A person commits an offense if: | ||
| (1) without the effective consent of the depicted | ||
| person and with the intent to harm that person, the person discloses | ||
| visual material depicting another person with the person's intimate | ||
| parts exposed or engaged in sexual conduct; | ||
| (2) either: | ||
| (A) at the time of the disclosure, the person | ||
| knows or has reason to believe that the visual material was obtained | ||
| by the person or created under circumstances in which the depicted | ||
| person had a reasonable expectation that the visual material would | ||
| remain private; or | ||
| (B) the visual material was created, adapted, or | ||
| modified as described by Subsection (d-1); | ||
| (3) the disclosure of the visual material causes harm | ||
| to the depicted person; and | ||
| (4) the disclosure of the visual material reveals the | ||
| identity of the depicted person in any manner, including through: | ||
| (A) any accompanying or subsequent information | ||
| or material related to the visual material; or | ||
| (B) information or material provided by a third | ||
| party in response to the disclosure of the visual material. | ||
| (d-1) For purposes of conduct prohibited under Subsection | ||
| (b), (c), or (d), visual material to which that conduct applies | ||
| includes a depiction of a person: | ||
| (1) who is recognizable as an actual person by the | ||
| person's face, likeness, or other distinguishing characteristic, | ||
| such as a unique birthmark or other recognizable feature; and | ||
| (2) whose image was used in creating, adapting, or | ||
| modifying the visual material, including computer-generated visual | ||
| material that was created, adapted, or modified using an artificial | ||
| intelligence application or other computer software. | ||
| SECTION 3. (a) Section 98B.002, Civil Practice and | ||
| Remedies Code, as amended by this Act, applies only to a cause of | ||
| action that accrues on or after the effective date of this Act. A | ||
| cause of action that accrues before the effective date of this Act | ||
| is governed by the law applicable to the cause of action immediately | ||
| before the effective date of this Act, and that law is continued in | ||
| effect for that purpose. | ||
| (b) Section 21.16, Penal Code, as amended 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 subsection, an offense was committed | ||
| before the effective date of this Act if any element of the offense | ||
| was committed before that date. | ||
| SECTION 4. This Act takes effect September 1, 2025. | ||
