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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of online impersonation; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98C to read as follows: |
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CHAPTER 98C. LIABILITY FOR ONLINE IMPERSONATION |
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Sec. 98C.001. DEFINITIONS. In this chapter: |
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(1) "Online impersonation" means a person's use of an |
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individual's name, voice, signature, photograph, or likeness |
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through social media without that individual's consent or if the |
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individual is a minor, the consent of that individual's parent, |
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legal guardian, or managing conservator. |
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(2) "Photograph" includes any photograph or |
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photographic reproduction, still or moving, or any videotape or |
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live television transmission of any individual in which the |
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individual is readily identifiable. |
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(3) "Readily identifiable" means identifiable using |
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only the naked eye to reasonably determine the identity of an |
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individual in a photograph. |
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(4) "Social media" means a form of electronic |
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communication through which users create online communities to |
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share information, ideas, personal messages, and other content. |
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Sec. 98C.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to a law enforcement agency or a law enforcement agency |
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employee acting within the scope of employment in investigating |
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Internet crimes. |
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Sec. 98C.003. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to impose liability on an interactive computer |
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service as defined by 47 U.S.C. Section 230(f) for content provided |
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by another person. |
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Sec. 98C.004. LIABILITY FOR ONLINE IMPERSONATION; |
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EXCEPTION. (a) Except as provided by Subsection (b), a person is |
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liable to another person injured by the person's online |
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impersonation if the person knowingly and with the intent to harm, |
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defraud, intimidate, or threaten the injured person used the online |
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impersonation to create a false identity. |
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(b) A person is not liable for an online impersonation of |
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which the sole purpose is satire or parody. |
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Sec. 98C.005. DAMAGES. (a) A claimant who prevails in an |
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action under this chapter shall be awarded actual damages, |
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including expenditures made by the claimant related to counseling, |
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identity theft, or libel. The defendant's profits attributable to |
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the defendant's online impersonation of the claimant may be |
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considered in the computation of actual damages. |
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(b) In addition to an award under Subsection (a), a claimant |
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who prevails in an action under this chapter may recover exemplary |
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damages of not less than $500. |
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(c) The court shall award costs and reasonable attorney's |
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fees to the prevailing party in any action under this chapter. |
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Sec. 98C.006. INJUNCTIVE RELIEF. A court in which an action |
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is brought under this chapter, on the motion of a claimant depicted |
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in the defendant's online impersonation, may issue a temporary |
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restraining order or a temporary or permanent injunction to |
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restrain and prevent the online impersonation of the claimant. |
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Sec. 98C.007. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute. |
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SECTION 7. This Act takes effect September 1, 2023. |