89R15 JRR-D
	By: Guillen	H.B. No. 235

	A BILL TO BE ENTITLED
	AN ACT
	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.