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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of provenance data on content shared on |
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social media platforms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Social Media Content |
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Transparency Act. |
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SECTION 2. Chapter 120, Business & Commerce Code, is |
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amended by adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. PROVENANCE DATA |
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Sec. 120.081. DEFINITIONS. In this subchapter: |
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(1) "Artificial intelligence system" means machine |
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learning and related technology that uses data to train statistical |
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models for the purpose of enabling computer systems to perform |
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tasks normally associated with human intelligence or perception, |
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such as computer vision, speech or natural language processing, and |
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content generation. |
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(2) "Generative artificial intelligence" means an |
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artificial intelligence system designed to emulate the structure |
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and characteristics of provided data to generate derived synthetic |
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digital content, including images, videos, audio, text, and other |
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digital content. |
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(3) "Provenance data" means metadata on a file that |
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can be used to identify: |
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(A) the date and place of the file's origin; |
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(B) the method used to generate the file, |
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including whether the file was generated using generative |
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artificial intelligence; or |
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(C) the file's history, including the manner in |
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which the file has been transmitted or stored. |
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Sec. 120.082. CONTENT CREATED ON SOCIAL MEDIA PLATFORM. |
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(a) A social media platform shall attach provenance data to each |
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photo, video, or audio file created on the social media platform or |
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using tools provided by the social media platform, including tools |
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that use generative artificial intelligence. |
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(b) A social media platform shall retain all provenance data |
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attached to a photo, video, or audio file under this section. |
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(c) Provenance data attached to a photo, video, or audio |
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file or retained under this section must: |
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(1) be attached and retained in a manner and format |
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that complies with guidelines or specifications that are: |
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(A) created by an established standard-setting |
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entity in the industry; and |
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(B) widely adopted by other entities in the |
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industry; |
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(2) state whether the photo, video, or audio file has |
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been created or modified using generative artificial intelligence; |
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and |
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(3) if the photo, video, or audio file was created or |
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modified using generative artificial intelligence, state the name |
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of the generative artificial intelligence tool and the name of the |
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person who provides the tool. |
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(d) A social media platform shall provide or contract with a |
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third party to provide a method by which a user may easily access |
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the provenance data attached to a photo, video, or audio file under |
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this section. |
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(e) A social media platform is not required to comply with |
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the provisions of this section if the social media platform |
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provides to the attorney general clear and convincing documentation |
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showing that the social media platform: |
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(1) does not have the technological capacity to comply |
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with the requirements of this section; and |
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(2) is actively taking steps toward obtaining the |
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technological capacity to comply with the requirements of this |
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section. |
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Sec. 120.083. CONTENT POSTED TO SOCIAL MEDIA PLATFORM. (a) |
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A social media platform shall attach provenance data to each photo, |
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video, or audio file posted on the social media platform for which |
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the social media platform can discern the file's provenance data. |
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(b) A social media platform shall retain all provenance data |
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attached to a photo, video, or audio file under this section. |
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(c) Provenance data attached to a photo, video, or audio |
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file or retained under this section must: |
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(1) be attached and retained in a manner and format |
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that complies with guidelines or specifications that are: |
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(A) created by an established standard-setting |
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entity in the industry; and |
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(B) widely adopted by other entities in the |
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industry; |
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(2) state whether the photo, video, or audio file has |
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been created or modified using generative artificial intelligence; |
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and |
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(3) if the photo, video, or audio file was created or |
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modified using generative artificial intelligence, state the name |
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of the generative artificial intelligence tool and the name of the |
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person who provides the tool. |
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(d) A social media platform shall provide or contract with a |
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third party to provide a method by which a user may easily access |
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the provenance data attached to a photo, video, or audio file under |
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this section. |
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(e) A social media platform is not required to comply with |
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the provisions of this section if the social media platform |
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provides to the attorney general clear and convincing documentation |
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showing that the social media platform: |
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(1) does not have the technological capacity to comply |
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with the requirements of this section; and |
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(2) is actively taking steps toward obtaining the |
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technological capacity to comply with the requirements of this |
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section. |
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(f) This section may not be construed to require a social |
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media platform to independently verify the accuracy or authenticity |
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of provenance data provided to the social media platform by a third |
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party or user. |
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(g) A social media platform may not be held liable for |
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inaccurate provenance data attached to a photo, video, or audio |
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file or retained under this section if: |
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(1) the provenance data was provided to the social |
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media platform by a third party or user; |
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(2) the social media platform did not knowingly modify |
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the provenance data; |
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(3) the social media platform relied in good faith on |
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the provenance data provided; and |
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(4) the social media platform has implemented |
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reasonable and appropriate measures to comply with the requirements |
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of this section. |
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SECTION 3. This Act takes effect September 1, 2025. |