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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for promotion of certain improper |
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visual images. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98B to read as follows: |
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CHAPTER 98B. LIABILITY FOR PROMOTION OF IMPROPER VISUAL IMAGE |
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Sec. 98B.001. DEFINITION. In this chapter, "promotion of |
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an improper visual image" includes: |
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(1) conduct that constitutes an offense under Section |
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21.15(b)(3), Penal Code; or |
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(2) without a person's consent, the publication or |
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promotion of a photograph, videotape recording, or similar visual |
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image of the person in the nude or engaged in sexual conduct, |
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regardless of whether the person consented to the making of the |
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photograph, recording, or image. |
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Sec. 98B.002. LIABILITY. A defendant is liable to a victim |
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of promotion of an improper visual image, as provided by this |
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chapter, for damages arising from the promotion if the defendant: |
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(1) knowingly or intentionally engages in promotion of |
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an improper visual image with respect to the victim; or |
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(2) publishes or promotes an image that the defendant |
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knows or reasonably should know constitutes an improper visual |
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image under this chapter, and the publication of the image results |
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in the promotion of an improper visual image with respect to the |
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victim. |
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Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a |
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suit under this chapter shall be awarded: |
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(1) actual damages, including damages for mental |
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anguish even if an injury other than mental anguish is not shown; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a), a claimant |
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who prevails in a suit under this chapter may recover exemplary |
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damages. |
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Sec. 98B.004. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute. |
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Sec. 98B.005. JOINT AND SEVERAL LIABILITY. A person who |
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engages in conduct described by Section 98B.002 and is found liable |
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under this chapter or other law for any amount of damages arising |
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from that conduct is jointly and severally liable with any other |
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defendant for the entire amount of damages arising from that |
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conduct. |
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Sec. 98B.006. LIBERAL CONSTRUCTION AND APPLICATION. This |
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chapter shall be liberally construed and applied to promote its |
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underlying purpose to protect persons from, and provide adequate |
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remedies to victims of, promotion of an improper visual image. |
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SECTION 2. Chapter 98B, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. A cause of action that |
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accrues before the effective date of this Act is governed by the law |
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in effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |