Bill Text: TX SB441 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to civil liability for the production, solicitation, disclosure, or promotion of artificial intimate visual material.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-21 - Filed [SB441 Detail]
Download: Texas-2025-SB441-Introduced.html
89R1363 MZM-D | ||
By: Hinojosa | S.B. No. 441 |
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relating to civil liability for the production, solicitation, | ||
disclosure, or promotion of artificial intimate visual material. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 98B, Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
CHAPTER 98B. UNLAWFUL PRODUCTION, SOLICITATION, DISCLOSURE, OR | ||
PROMOTION OF INTIMATE VISUAL MATERIAL | ||
SECTION 2. Section 98B.001, Civil Practice and Remedies | ||
Code, is amended by amending Subdivision (1) and adding | ||
Subdivisions (1-a), (3), and (4) to read as follows: | ||
(1) "Artificial intimate visual material" means | ||
computer-generated intimate visual material that was produced, | ||
adapted, or modified using an artificial intelligence application | ||
or other computer software in which the person is recognizable as an | ||
actual person by a person's face, likeness, or other distinguishing | ||
characteristic, such as a unique birthmark or other recognizable | ||
feature. | ||
(1-a) "Intimate parts," "promote," "sexual conduct," | ||
and "visual material" have the meanings assigned by Section 21.16, | ||
Penal Code. | ||
(3) "Nudification application" means an artificial | ||
intelligence application that is primarily designed and marketed | ||
for the purpose of producing artificial intimate visual material. | ||
(4) "Social media platform" has the meaning assigned | ||
by Section 120.001, Business & Commerce Code. | ||
SECTION 3. Chapter 98B, Civil Practice and Remedies Code, | ||
is amended by adding Sections 98B.0021, 98B.0022, 98B.008, and | ||
98B.009 to read as follows: | ||
Sec. 98B.0021. LIABILITY FOR UNLAWFUL PRODUCTION, | ||
SOLICITATION, DISCLOSURE, OR PROMOTION OF CERTAIN ARTIFICIAL | ||
INTIMATE VISUAL MATERIAL. A defendant is liable, as provided by | ||
this chapter, to a person depicted in artificial intimate visual | ||
material for damages arising from the production, solicitation, | ||
disclosure, or promotion of the material if: | ||
(1) the defendant produces, solicits, discloses, or | ||
promotes the artificial intimate visual material without the | ||
effective consent of the depicted person and with the intent to harm | ||
that person; | ||
(2) the production, solicitation, disclosure, or | ||
promotion of the artificial intimate visual material causes harm to | ||
the depicted person; and | ||
(3) the production, solicitation, disclosure, or | ||
promotion of the artificial 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 artificial intimate visual material; or | ||
(B) information or material provided by a third | ||
party in response to the disclosure of the artificial intimate | ||
visual material. | ||
Sec. 98B.0022. LIABILITY OF OWNERS OF INTERNET WEBSITES AND | ||
ARTIFICIAL INTELLIGENCE APPLICATIONS AND PAYMENT PROCESSORS. (a) A | ||
person who owns an Internet website, including a social media | ||
platform, on which artificial intimate visual material is produced | ||
or disclosed in exchange for payment or a publicly accessible | ||
nudification application from which the material is produced, and | ||
any person who processes or facilitates payment for the production | ||
or disclosure of the material through the website or application, | ||
is liable, as provided by this chapter, to a person depicted in the | ||
material for damages arising from the production or disclosure of | ||
the material if the person knows or recklessly disregards that the | ||
depicted person did not consent to the production or disclosure of | ||
the material. | ||
(b) A person who owns an Internet website, including a | ||
social media platform, on which artificial intimate visual material | ||
is disclosed is liable, as provided by this chapter, to the person | ||
depicted in the material for damages arising from the disclosure of | ||
the material if the person depicted requests the website to remove | ||
the material and the website fails to do so within 72 hours after | ||
the request is made. | ||
Sec. 98B.008. CONFIDENTIAL IDENTITY IN CERTAIN | ||
ACTIONS. (a) In this section, "confidential identity" means: | ||
(1) the use of a pseudonym; and | ||
(2) the absence of any other identifying information, | ||
including address, telephone number, and social security number. | ||
(b) Except as otherwise provided by this section, in a suit | ||
brought under this chapter, the court shall: | ||
(1) make it known to the claimant as early as possible | ||
in the proceedings of the suit that the claimant may use a | ||
confidential identity in relation to the suit; | ||
(2) allow a claimant to use a confidential identity in | ||
all petitions, filings, and other documents presented to the court; | ||
(3) use the confidential identity in all of the court's | ||
proceedings and records relating to the suit, including any | ||
appellate proceedings; and | ||
(4) maintain the records relating to the suit in a | ||
manner that protects the confidentiality of the claimant. | ||
(c) In a suit brought under this chapter, only the following | ||
persons are entitled to know the true identifying information about | ||
the claimant: | ||
(1) the judge; | ||
(2) a party to the suit; | ||
(3) the attorney representing a party to the suit; and | ||
(4) a person authorized by a written order of a court | ||
specific to that person. | ||
(d) The court shall order that a person entitled to know the | ||
true identifying information under Subsection (c) may not divulge | ||
that information to anyone without a written order of the court. A | ||
court shall hold a person who violates the order in contempt. | ||
(e) Notwithstanding Section 22.004, Government Code, the | ||
supreme court may not amend or adopt rules in conflict with this | ||
section. | ||
(f) A claimant is not required to use a confidential | ||
identity as provided by this section. | ||
Sec. 98B.009. STATUTE OF LIMITATIONS. A person must bring | ||
suit under this chapter not later than 10 years after the later of | ||
the date on which: | ||
(1) the person depicted in the intimate visual | ||
material that is the basis for the suit reasonably discovers the | ||
intimate visual material; or | ||
(2) the person depicted in the intimate visual | ||
material that is the basis for the suit turns 18 years of age. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. | ||
SECTION 5. This Act takes effect September 1, 2025. |