88R7732 JRR-D
 
  By: Guillen, Plesa, Garcia, Neave Criado H.B. No. 1896
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil and criminal liability for the unlawful
  disclosure or promotion of intimate visual material.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 98B.002, Civil Practice and Remedies
  Code, is amended by amending Subsection (a) and adding Subsection
  (c) to read as follows:
         (a)  A defendant is liable, as provided by this chapter, to a
  person depicted in intimate visual material for damages arising
  from the disclosure of the material if:
               (1)  the defendant discloses the intimate visual
  material without the effective consent of the depicted person and
  with the intent to harm that person;
               (2)  either:
                     (A)  at the time of the disclosure, the defendant
  knows or has reason to believe that the intimate visual material was
  obtained by the defendant or created under circumstances in which
  the depicted person had a reasonable expectation that the material
  would remain private; or
                     (B)  the intimate visual material was created,
  adapted, or modified as described by Subsection (c);
               (3)  the disclosure of the intimate visual material
  causes harm to the depicted person; and
               (4)  the disclosure of the intimate visual material
  reveals the identity of the depicted person in any manner,
  including through:
                     (A)  any accompanying or subsequent information
  or material related to the intimate visual material; or
                     (B)  information or material provided by a third
  party in response to the disclosure of the intimate visual
  material.
         (c)  For purposes of conduct for which a defendant is liable
  under Subsection (a) or (b), intimate visual material to which that
  conduct applies includes a depiction of a person:
               (1)  who is recognizable as an actual person by the
  person's face, likeness, or other distinguishing characteristic,
  such as a unique birthmark or other recognizable feature; and
               (2)  whose image was used in creating, adapting, or
  modifying the intimate visual material, including
  computer-generated intimate visual material that was created,
  adapted, or modified using an artificial intelligence application
  or other computer software.
         SECTION 2.  Section 21.16, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (d-1) to read as
  follows:
         (b)  A person commits an offense if:
               (1)  without the effective consent of the depicted
  person and with the intent to harm that person, the person discloses
  visual material depicting another person with the person's intimate
  parts exposed or engaged in sexual conduct;
               (2)  either:
                     (A)  at the time of the disclosure, the person
  knows or has reason to believe that the visual material was obtained
  by the person or created under circumstances in which the depicted
  person had a reasonable expectation that the visual material would
  remain private; or
                     (B)  the visual material was created, adapted, or
  modified as described by Subsection (d-1); 
               (3)  the disclosure of the visual material causes harm
  to the depicted person; and
               (4)  the disclosure of the visual material reveals the
  identity of the depicted person in any manner, including through:
                     (A)  any accompanying or subsequent information
  or material related to the visual material; or
                     (B)  information or material provided by a third
  party in response to the disclosure of the visual material.
         (d-1)  For purposes of conduct prohibited under Subsection
  (b), (c), or (d), visual material to which that conduct applies
  includes a depiction of a person:
               (1)  who is recognizable as an actual person by the
  person's face, likeness, or other distinguishing characteristic,
  such as a unique birthmark or other recognizable feature; and
               (2)  whose image was used in creating, adapting, or
  modifying the visual material, including computer-generated visual
  material that was created, adapted, or modified using an artificial
  intelligence application or other computer software.
         SECTION 3.  (a) Section 98B.002, Civil Practice and
  Remedies Code, as amended by this Act, applies only to a cause of
  action that accrues on or after the effective date of this Act. A
  cause of action that accrues before the effective date of this Act
  is governed by the law applicable to the cause of action immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         (b)  Section 21.16, Penal Code, as amended by this Act,
  applies only to an offense committed on or after the effective date
  of this Act. An offense committed before the effective date of this
  Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this subsection, an offense was committed
  before the effective date of this Act if any element of the offense
  was committed before that date.
         SECTION 4.  This Act takes effect September 1, 2023.