Bill Text: TX HB3510 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the publication of an image that depicts an individual without the individual's consent; imposing civil penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-21 - Left pending in committee [HB3510 Detail]
Download: Texas-2015-HB3510-Introduced.html
| 84R10110 DDT-D | ||
| By: Davis of Dallas | H.B. No. 3510 | |
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| relating to the publication of an image that depicts an individual | ||
| without the individual's consent; imposing civil penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
| amended by adding Chapter 111 to read as follows: | ||
| CHAPTER 111. PUBLICATION OF CERTAIN IMAGES | ||
| Sec. 111.001. DEFINITION. In this chapter, "unauthorized | ||
| image" means an image that depicts an individual who has not | ||
| consented to the capture or publication of the image. | ||
| Sec. 111.002. APPLICABILITY OF CHAPTER. This chapter does | ||
| not apply to the publication of an image by a bona fide member of the | ||
| news media or of law enforcement when acting in that capacity. | ||
| Sec. 111.003. PUBLICATION OF UNAUTHORIZED IMAGE | ||
| PROHIBITED. A person may not publish an unauthorized image on the | ||
| Internet. | ||
| Sec. 111.004. REQUEST FOR REMOVAL OF UNAUTHORIZED IMAGE. A | ||
| business entity that owns or operates an Internet website and | ||
| receives a request from an individual who is depicted in an | ||
| unauthorized image for removal of the unauthorized image from the | ||
| Internet website shall remove the image not more than 48 hours after | ||
| the business entity receives the request. | ||
| Sec. 111.005. CIVIL PENALTY; INJUNCTION. (a) A business | ||
| entity that violates Section 111.004 is liable to the state for a | ||
| civil penalty in an amount not to exceed $200. | ||
| (b) The attorney general or an appropriate local | ||
| prosecuting attorney may sue to collect a civil penalty under this | ||
| section. | ||
| (c) If the attorney general brings the suit, the penalty | ||
| shall be deposited in the state treasury to the credit of the | ||
| general revenue fund. If a local prosecuting attorney brings the | ||
| suit, the penalty shall be deposited in the general fund of the | ||
| county in which the violation occurred. | ||
| (d) The attorney general may bring an action in the name of | ||
| the state to restrain or enjoin a violation or threatened violation | ||
| of this chapter. | ||
| SECTION 2. Chapter 111, Business & Commerce Code, as added | ||
| by this Act, applies to any publication of an image that occurs on | ||
| or after the effective date of this Act, regardless of whether the | ||
| information was initially published before that date. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
