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  84R8561 DDT-D
 
  By: Kolkhorst S.B. No. 1811
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain publications of intimate visual material by a
  business; providing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 111 to read as follows:
  CHAPTER 111. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF INTIMATE
  VISUAL MATERIAL
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 111.001.  DEFINITIONS. In this chapter:
               (1)  "Intimate visual material" means visual material
  that depicts sexual contact, actual or simulated sexual
  intercourse, or the exhibition of a person's genitals, anus, or any
  portion of the female breast below the top of the areola.
               (2)  "Publish" means to communicate or make information
  available to another person by means of telecommunications,
  including communicating information on an Internet website,
  computer bulletin board, or similar system.
               (3)  "Visual material" has the meaning assigned by
  Section 43.26, Penal Code.
         Sec. 111.002.  APPLICABILITY OF CHAPTER. (a)  This chapter
  applies only to a business entity that is registered with the
  secretary of state.
         (b)  This chapter does not apply to an Internet service
  provider, cable operator, telecommunications service, or provider
  of an electronic communications service.
  SUBCHAPTER B. NOTICE AND REMOVAL REQUIRED
         Sec. 111.051.  NOTICE REQUIRED FOR INTIMATE VISUAL MATERIAL.
  (a) A business entity that publishes intimate visual material shall
  clearly and conspicuously publish notice on each page the material
  appears that includes:
               (1)  a statement that the business entity is required
  to remove intimate visual material that depicts an individual who
  did not consent to the publication of the material;
               (2)  a statement that any person, including a person
  not depicted in the material, may request that the business entity
  remove the material from publication;
               (3)  a statement that the business entity will remove
  the material from publication not more than 24 hours after
  receiving the request; and
               (4)  an e-mail address, fax number, or mailing address
  to enable a person to request removal of the material from
  publication.
         (b)  The notice must be prominently posted in at least
  12-point Helvetica or Times New Roman font.
         Sec. 111.052.  REQUEST FOR REMOVAL OF INTIMATE VISUAL
  MATERIAL. (a)  A business entity that receives a request for the
  removal of intimate visual material from publication shall remove
  the material not less than 24 hours after the business entity
  receives the request if the business entity does not have proof that
  the individual depicted in the intimate visual material consented
  to the publication of the material.
         Sec. 111.053.  REMOVAL OTHERWISE REQUIRED. A business
  entity may not publish intimate visual material that includes an
  image of an individual if the business entity knows or should know
  that the individual does not consent to the publication.
  SUBCHAPTER C. CIVIL PENALTIES AND REMEDIES
         Sec. 111.101.  CIVIL PENALTY; INJUNCTION. (a) A business
  entity that violates a provision of this chapter is liable to the
  state for a civil penalty in an amount not to exceed $500 for each
  day that each violation occurs. 
         (b)  The attorney general or an appropriate prosecuting
  attorney may sue to collect a civil penalty under this section.
         (c)  A civil penalty collected under this section shall be
  deposited in the state treasury to the credit of the general revenue
  fund.
         (d)  The attorney general may bring an action in the name of
  the state to restrain or enjoin a violation or threatened violation
  of this chapter.
         Sec. 111.102.  CIVIL LIABILITY. (a)  A business entity that
  publishes intimate visual material in violation of Section 111.053
  or refuses to remove an image in violation of Section 111.052 is
  liable to the individual depicted in the material in an amount not
  to exceed $500 for each separate violation and, in the case of a
  continuing violation, $500 for each subsequent day on which the
  violation occurs.
         (b)  In an action brought under this section, the court may
  grant injunctive relief to prevent or restrain a violation of this
  chapter.
         (c)  An individual who prevails in an action brought under
  this section is also entitled to recover court costs and reasonable
  attorney's fees.
         (d)  Venue for a suit brought under this section is:
               (1)  in the county in which the individual resides;
               (2)  in the county in which the business entity has its
  principal place of business; or 
               (3)  in Travis County.
         SECTION 2.  This Act takes effect January 1, 2016.