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A BILL TO BE ENTITLED
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AN ACT
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relating to the publication of certain photographs of human remains |
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by certain individuals for a purpose other than an authorized |
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purpose; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Kobe and Gianna |
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Bryant Act. |
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SECTION 2. Subtitle A, Title 8, Health and Safety Code, is |
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amended by adding Chapter 672A to read as follows: |
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CHAPTER 672A. PROHIBITED PUBLICATION OF CERTAIN PHOTOGRAPHS OF |
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HUMAN REMAINS |
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Sec. 672A.001. DEFINITIONS. In this chapter: |
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(1) "Human remains" has the meaning assigned by |
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Section 711.001. |
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(2) "Publish" means to display, present, or release a |
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photograph to an unauthorized person, or to cause a photograph to be |
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displayed, presented, or released to an unauthorized person. |
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Sec. 672A.002. PROHIBITED PUBLICATION OF CERTAIN |
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PHOTOGRAPHS DEPICTING HUMAN REMAINS. (a) An individual may not |
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publish a photograph of human remains that the individual obtained |
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while acting within the course and scope of the individual's duties |
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as an officer or employee of this state or a political subdivision |
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of this state. |
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(b) For purposes of Subsection (a), a photograph is |
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considered to have been published if the photograph is: |
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(1) displayed to an unauthorized person; |
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(2) released to an unauthorized person by any delivery |
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method, including text message, e-mail, or facsimile; |
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(3) posted on a social media platform; or |
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(4) sold to a news publication. |
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Sec. 672A.003. CIVIL PENALTY. (a) An individual who |
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violates Section 672A.002 is liable for a civil penalty in an amount |
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not to exceed $10,000 for each violation. |
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(b) The attorney general or the appropriate county or |
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district attorney may sue to collect the civil penalty provided by |
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Subsection (a) and may recover attorney's fees and costs incurred |
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in obtaining relief under this section. |
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(c) It is a defense to liability for a civil penalty under |
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this section that: |
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(1) the individual published the photograph of human |
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remains for an official law enforcement, scientific, educational, |
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research, or medical purpose, or as part of a civil proceeding; or |
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(2) the photograph was published in a documentary film |
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or television show with the approval of the chief medical examiner, |
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coroner, or commissioners court, as applicable, and the remains are |
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unidentifiable. |
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(d) A defendant may not assert official immunity as a |
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defense in an action brought under this section. |
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SECTION 3. This Act takes effect September 1, 2023. |