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A BILL TO BE ENTITLED
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AN ACT
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relating to removal of certain intimate visual material by a search |
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engine operator of an Internet website; imposing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 113 to read as follows: |
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CHAPTER 113. REMOVAL OF CERTAIN INTIMATE VISUAL MATERIAL BY SEARCH |
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ENGINE OPERATOR OF INTERNET WEBSITE |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "Intimate parts," "sexual conduct," and "visual |
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material" have the meanings assigned by Section 21.16, Penal Code. |
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(2) "Intimate visual material" means visual material |
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depicting a person with the person's intimate parts exposed, |
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engaged in sexual conduct, or otherwise in an intimate state. |
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(3) "Search engine operator" means an operator of an |
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Internet website that functions primarily as a search engine. |
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Sec. 113.002. REMOVAL OF CERTAIN INTIMATE VISUAL MATERIAL. |
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(a) This section applies only to: |
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(1) intimate visual material that was: |
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(A) obtained by a person or created under |
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circumstances in which the person depicted in the visual material |
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had a reasonable expectation that the visual material would remain |
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private; and |
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(B) posted on an Internet website or otherwise |
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made publicly available without the consent of the person depicted |
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in the visual material; and |
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(2) intimate visual material that was: |
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(A) created without the consent of the person |
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depicted in the visual material; and |
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(B) posted on an Internet website or otherwise |
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made publicly available. |
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(b) A search engine operator that has agreed to remove a |
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person's intimate visual material described by Subsection (a) from |
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the Internet website must monitor the website and use established |
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methods to automatically remove any subsequent instance of the |
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intimate visual material that has been reposted to the website. |
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Sec. 113.003. CIVIL PENALTY; INJUNCTION. (a) A search |
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engine operator that violates Section 113.002 is liable to this |
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state for a civil penalty in an amount not to exceed $500 for each |
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day the search engine operator violates Section 113.002. |
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(b) The attorney general or an appropriate local |
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prosecuting attorney may bring an action to collect a civil penalty |
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imposed under this section. |
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(c) If the attorney general brings an action under |
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Subsection (b) and prevails, the civil penalty shall be deposited |
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in the state treasury to the credit of the general revenue fund. If |
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a local prosecuting attorney brings the action and prevails, the |
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civil penalty shall be deposited in the general fund of the |
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appropriate county. |
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(d) The attorney general may bring an action in the name of |
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this state to enjoin a violation of this chapter. |
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(e) The attorney general is entitled to recover reasonable |
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expenses incurred in bringing an action under this section, |
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including reasonable attorney's fees and court costs. |
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SECTION 2. Chapter 113, Business & Commerce Code, as added |
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by this Act, applies to any intimate visual material that a search |
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engine operator has agreed to remove from its Internet website, |
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regardless of whether the search engine operator agreed to the |
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removal of the intimate visual material before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |