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A BILL TO BE ENTITLED
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AN ACT
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relating to certain publications of intimate visual material by a |
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business; providing civil penalties. |
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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 111 to read as follows: |
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CHAPTER 111. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF INTIMATE |
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VISUAL MATERIAL |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 111.001. DEFINITIONS. In this chapter: |
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(1) "Intimate visual material" means visual material |
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that depicts sexual contact, actual or simulated sexual |
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intercourse, or the exhibition of a person's genitals, anus, or any |
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portion of the female breast below the top of the areola. |
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(2) "Publish" means to communicate or make information |
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available to another person by means of telecommunications, |
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including communicating information on an Internet website, |
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computer bulletin board, or similar system. |
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(3) "Visual material" has the meaning assigned by |
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Section 43.26, Penal Code. |
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Sec. 111.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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applies only to a business entity that is registered with the |
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secretary of state. |
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(b) This chapter does not apply to an Internet service |
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provider, cable operator, telecommunications service, or provider |
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of an electronic communications service. |
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SUBCHAPTER B. NOTICE AND REMOVAL REQUIRED |
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Sec. 111.051. NOTICE REQUIRED FOR INTIMATE VISUAL MATERIAL. |
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(a) A business entity that publishes intimate visual material shall |
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clearly and conspicuously publish notice on each page the material |
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appears that includes: |
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(1) a statement that the business entity is required |
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to remove intimate visual material that depicts an individual who |
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did not consent to the publication of the material; |
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(2) a statement that any person, including a person |
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not depicted in the material, may request that the business entity |
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remove the material from publication; |
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(3) a statement that the business entity will remove |
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the material from publication not more than 24 hours after |
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receiving the request; and |
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(4) an e-mail address, fax number, or mailing address |
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to enable a person to request removal of the material from |
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publication. |
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(b) The notice must be prominently posted in at least |
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12-point Helvetica or Times New Roman font. |
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Sec. 111.052. REQUEST FOR REMOVAL OF INTIMATE VISUAL |
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MATERIAL. (a) A business entity that receives a request for the |
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removal of intimate visual material from publication shall remove |
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the material not less than 24 hours after the business entity |
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receives the request if the business entity does not have proof that |
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the individual depicted in the intimate visual material consented |
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to the publication of the material. |
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Sec. 111.053. REMOVAL OTHERWISE REQUIRED. A business |
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entity may not publish intimate visual material that includes an |
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image of an individual if the business entity knows or should know |
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that the individual does not consent to the publication. |
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SUBCHAPTER C. CIVIL PENALTIES AND REMEDIES |
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Sec. 111.101. CIVIL PENALTY; INJUNCTION. (a) A business |
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entity that violates a provision of this chapter is liable to the |
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state for a civil penalty in an amount not to exceed $500 for each |
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day that each violation occurs. |
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(b) The attorney general or an appropriate prosecuting |
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attorney may sue to collect a civil penalty under this section. |
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(c) A civil penalty collected under this section shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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(d) The attorney general may bring an action in the name of |
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the state to restrain or enjoin a violation or threatened violation |
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of this chapter. |
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Sec. 111.102. CIVIL LIABILITY. (a) A business entity that |
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publishes intimate visual material in violation of Section 111.053 |
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or refuses to remove an image in violation of Section 111.052 is |
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liable to the individual depicted in the material in an amount not |
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to exceed $500 for each separate violation and, in the case of a |
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continuing violation, $500 for each subsequent day on which the |
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violation occurs. |
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(b) In an action brought under this section, the court may |
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grant injunctive relief to prevent or restrain a violation of this |
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chapter. |
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(c) An individual who prevails in an action brought under |
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this section is also entitled to recover court costs and reasonable |
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attorney's fees. |
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(d) Venue for a suit brought under this section is: |
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(1) in the county in which the individual resides; |
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(2) in the county in which the business entity has its |
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principal place of business; or |
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(3) in Travis County. |
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SECTION 2. This Act takes effect January 1, 2016. |