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A BILL TO BE ENTITLED
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AN ACT
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relating to the publication of an image that depicts an individual |
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without the individual's consent; imposing a civil penalty. |
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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 113 to read as follows: |
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CHAPTER 113. PUBLICATION OF CERTAIN IMAGES |
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Sec. 113.001. DEFINITION. In this chapter, "unauthorized |
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image" means an image that depicts an individual who has not |
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consented to the capture or publication of the image. |
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Sec. 113.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to the publication of an image: |
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(1) by a bona fide member of the news media when acting |
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in that capacity; |
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(2) by law enforcement personnel in the performance of |
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their duties; or |
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(3) into the public domain by an individual who |
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appears in the image. |
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Sec. 113.003. PUBLICATION OF UNAUTHORIZED IMAGE |
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PROHIBITED. A person may not publish an unauthorized image on the |
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Internet. |
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Sec. 113.004. REQUEST FOR REMOVAL OF UNAUTHORIZED IMAGE. A |
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business entity that owns or operates an Internet website and |
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receives a request from an individual who is depicted in an |
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unauthorized image for removal of the unauthorized image from the |
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website shall remove the image not more than 48 hours after the |
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business entity receives the request. |
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Sec. 113.005. CIVIL PENALTY; INJUNCTION. (a) A business |
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entity that violates Section 113.004 is liable to this state for a |
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civil penalty in an amount not to exceed $200. |
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(b) The attorney general or an appropriate local |
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prosecuting attorney may bring an action to collect a civil penalty |
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imposed under this section. |
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(c) If the attorney general brings an action under |
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Subsection (b) and prevails, the civil penalty shall be deposited |
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in the state treasury to the credit of the general revenue fund. If |
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a local prosecuting attorney brings the action and prevails, the |
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civil penalty shall be deposited in the general fund of the |
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appropriate county. |
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(d) The attorney general may bring an action in the name of |
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this state to restrain or enjoin a violation or threatened |
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violation of this chapter. |
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SECTION 2. Chapter 113, Business & Commerce Code, as added |
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by this Act, applies to any publication of an image that occurs on |
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or after the effective date of this Act, regardless of whether the |
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image was initially published before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |