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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of certain explicit deep fake material; |
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providing a private cause of action. |
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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 121 to read as follows: |
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CHAPTER 121. CREATION OF EXPLICIT DEEP FAKE MATERIAL |
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Sec. 121.001. DEFINITIONS. In this chapter: |
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(1) "Deep fake generator" means an Internet website or |
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application operating in this state that allows a user to create or |
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generate deep fake material using software provided by the website |
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or application. The term does not include a separate platform on |
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which deep fake material is posted, sent, or distributed. |
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(2) "Deep fake material" means visual material, |
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created with the intent to deceive, that appears to depict a real |
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person performing an action that did not occur in reality. |
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(3) "Explicit deep fake material" means deep fake |
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material that appears to depict a real person engaging in sexual |
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conduct or other conduct resulting in the exposure of the person's |
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intimate parts. |
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(4) "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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Sec. 121.002. REQUIRED AGE VERIFICATION. (a) Before |
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creating or generating explicit deep fake material, a deep fake |
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generator shall verify the age of the person apparently depicted by |
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the explicit deep fake material using a commercially reasonable age |
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verification method. |
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(b) A deep fake generator may not create or generate |
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explicit deep fake material apparently depicting a person who is at |
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least 18 years old without the written consent of the person. |
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(c) A deep fake generator may not create or generate |
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explicit deep fake material apparently depicting a person who is |
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younger than 18 years old. |
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Sec. 121.003. PRIVATE CAUSE OF ACTION. (a) A person in |
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this state apparently depicted by explicit deep fake material in |
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violation of this chapter, or the person's parent or guardian if the |
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person is younger than 18 years old, may bring an action against a |
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deep fake generator who violates this chapter. |
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(b) A person who prevails in an action under this section |
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shall be awarded: |
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(1) actual damages, including damages for mental |
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anguish; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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(c) In addition to an award under Subsection (b), a person |
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who prevails in an action under this section may recover exemplary |
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damages. |
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(d) A cause of action under this section is cumulative of |
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any other remedy provided by common law or statute. |
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SECTION 2. Section 121.003, Business & Commerce Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |