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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of artificial sexual material harmful to |
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minors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 129B, Civil Practice and |
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Remedies Code, is amended to read as follows: |
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CHAPTER 129B. LIABILITY RELATED TO SEXUAL MATERIAL HARMFUL TO [FOR |
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ALLOWING] MINORS [TO ACCESS PORNOGRAPHIC MATERIAL] |
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SECTION 2. Section 129B.001, Civil Practice and Remedies |
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Code, is amended by amending Subdivision (1) and adding Subdivision |
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(1-a) to read as follows: |
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(1) "Artificial sexual material harmful to minors" |
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means computer-generated sexual material harmful to minors that was |
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produced, adapted, or modified using an artificial intelligence |
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application or other computer software in which a person is |
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recognizable as an actual person by the person's face, likeness, or |
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other distinguishing characteristic, such as a unique birthmark or |
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other recognizable feature. |
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(1-a) "Commercial entity" includes a corporation, |
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limited liability company, partnership, limited partnership, sole |
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proprietorship, or other legally recognized business entity. |
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SECTION 3. The heading to Section 129B.002, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 129B.002. PUBLICATION AND CREATION OF MATERIAL HARMFUL |
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TO MINORS. |
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SECTION 4. Section 129B.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (a-1) and amending Subsection |
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(b) to read as follows: |
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(a-1) A commercial entity that operates an Internet website |
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with a publicly accessible tool for creating artificial sexual |
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material harmful to minors or otherwise makes publicly available an |
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application for creating sexual material harmful to minors shall |
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use reasonable age verification methods as described by Section |
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129B.003 to verify an individual attempting to access the tool is 18 |
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years of age or older. |
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(b) A commercial entity that performs the age verification |
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required by Subsection (a) or (a-1) or a third party that performs |
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the age verification required by Subsection (a) or (a-1) may not |
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retain any identifying information of the individual. |
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SECTION 5. Section 129B.003(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) A commercial entity required to use reasonable age |
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verification methods under Section 129B.002 [that knowingly and |
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intentionally publishes or distributes material on an Internet |
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website] or a third party that performs age verification under this |
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chapter shall require an individual to: |
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(1) provide digital identification; or |
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(2) comply with a commercial age verification system |
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that verifies age using: |
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(A) government-issued identification; or |
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(B) a commercially reasonable method that relies |
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on public or private transactional data to verify the age of an |
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individual. |
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SECTION 6. Chapter 129B, Civil Practice and Remedies Code, |
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is amended by adding Section 129B.0045 to read as follows: |
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Sec. 129B.0045. REQUIREMENTS FOR SOURCES OF ARTIFICIAL |
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SEXUAL MATERIAL HARMFUL TO MINORS. A commercial entity that |
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operates an Internet website with a publicly accessible tool for |
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creating artificial sexual material harmful to minors or otherwise |
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makes publicly available an application for creating artificial |
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sexual material harmful to minors shall ensure that an individual |
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used as a source for the material: |
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(1) is 18 years of age or older; and |
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(2) has consented to the use of the individual's face |
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and body as a source for the material. |
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SECTION 7. Section 129B.006(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) A civil penalty imposed under this section for a |
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violation of Section 129B.002, [or] 129B.003, or 129B.0045 may be |
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in an amount equal to not more than the total, if applicable, of: |
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(1) $10,000 per day that the entity operates an |
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Internet website or makes available an application in violation of |
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the age verification requirements of this chapter; |
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(2) $10,000 per instance when the entity retains |
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identifying information in violation of Section 129B.002(b); and |
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(3) if, because of the entity's violation of the age |
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verification requirements of this chapter, one or more minors |
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accesses sexual material harmful to minors, an additional amount of |
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not more than $250,000. |
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SECTION 8. This Act takes effect September 1, 2025. |