BILL ANALYSIS

C.S.H.B. 4897

By: Lalani

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

This bill seeks to clarify definitions and liabilities for online impersonation. There is no current law that defines and creates liability for damages that arise from online impersonations, aka "catfishing." C.S.H.B. 4897 seeks to address this issue by defining "online impersonation" and creating liabilities that will assist in the prosecution of damages that arise from "catfishing."

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4897 amends the Civil Practice and Remedies Code to make a person liable to another person injured by the person's online impersonation if the person knowingly and with the intent to harm, defraud, intimidate, or threaten the injured person used the online impersonation to create a false identity. The liability does not apply to a law enforcement agency or a law enforcement agency employee acting within the scope of employment in investigating internet crimes or to a person for an online impersonation of which the sole purpose is satire or parody. The bill does the following with respect to a claimant who prevails in an action relating to liability for online impersonation:

· requires the claimant to be awarded actual damages, including expenditures made by the claimant related to counseling, identity theft, or libel;

· provides for the consideration of the defendant's profits attributable to the defendant's online impersonation of the claimant in the computation of actual damages; and

· authorizes the claimant, in addition to the award for actual damages, to recover exemplary damages of not less than $500.

C.S.H.B. 4897 requires the court to award costs and reasonable attorney's fees to the prevailing party in any action relating to online impersonation. The bill authorizes a court in which such an action is brought, on the motion of a claimant depicted in the defendant's online impersonation, to issue a temporary restraining order or a temporary or permanent injunction to restrain and prevent the online impersonation of the claimant. The cause of action created by the bill's provisions is cumulative of any other remedy provided by common law or statute. The bill prohibits its provisions from being construed to impose liability on an interactive computer service as defined by federal law for content provided by another person.

C.S.H.B. 4897 defines the following terms for purposes of the bill's provisions:

· "online impersonation" as a person's use of an individual's name, voice, signature, photograph, or likeness through social media without that individual's consent or if the individual is a minor, the consent of that individual's parent, legal guardian, or managing conservator;

· "photograph" includes any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual in which the individual is readily identifiable;

· "readily identifiable" as identifiable using only the naked eye to reasonably determine the identity of an individual in a photograph; and

· "social media" as a form of electronic communication through which users create online communities to share information, ideas, personal messages, and other content.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

C.S.H.B. 4897 differs from the introduced by incorporating a Texas Legislative Council footer, making a technical correction, and revising the wording of the caption to clarify its meaning.