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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal offenses for the creation or distribution of |
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certain misleading images and videos; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 255.004, Election Code, |
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is amended to read as follows: |
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Sec. 255.004. FALSE IMAGES, VIDEOS, AND SOURCES [TRUE |
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SOURCE] OF COMMUNICATION. |
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SECTION 2. Section 255.004, Election Code, is amended by |
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amending Subsections (c), (d), and (e) and adding Subsections (d-1) |
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and (d-2) to read as follows: |
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(c) An offense under Subsection (a), (b), or (d) [this |
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section] is a Class A misdemeanor. An offense under Subsection |
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(d-1) is a Class B misdemeanor. |
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(d) A person commits an offense if the person, with the |
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intent to deceive and with the intent to injure a candidate or |
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influence the result of an election: |
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(1) creates or causes to be created a deep fake video; |
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and |
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(2) publishes, distributes, or causes [the deep fake |
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video] to be published or distributed the deep fake video during the |
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period beginning 90 days before the date of the election and ending |
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on the date of the [within 30 days of an] election. |
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(d-1) A person commits an offense if the person, with the |
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intent to deceive and influence the result of an election: |
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(1) creates or causes to be created an altered image; |
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or |
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(2) publishes, distributes, or causes to be published |
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or distributed an altered image during the period beginning 90 days |
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before the date of the election and ending on the date of the |
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election. |
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(d-2) It is an affirmative defense to prosecution for an |
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offense under Subsection (d-1) if the person includes a clear label |
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on the image stating that the image is altered. |
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(e) In this section:[,] |
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(1) "Altered image" means an image that has been |
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manipulated to change the physical appearance of an individual or |
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depict an individual performing an action that did not occur. The |
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term does not include: |
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(A) a cartoon, caricature, or any other image |
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that a reasonable viewer would understand to be a satirical |
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representation of the individual; or |
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(B) an image altered only to change the |
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saturation, brightness, contrast, color, or any other superficial |
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quality of the image. |
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(2) "Deep ["deep] fake video" means a video[, created |
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with the intent to deceive,] that appears to depict a real person |
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performing an action that did not occur in reality. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |