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A BILL TO BE ENTITLED
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AN ACT
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relating to user reports of explicit deep fake material on social |
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media platforms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 120, Business & Commerce |
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Code, is amended by adding Section 120.1001 to read as follows: |
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Sec. 120.1001. DEFINITIONS. In this subchapter: |
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(1) "Deep fake generator" means an Internet website or |
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application that allows a user to create or generate deep fake |
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material using software provided by the website or application. |
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The term does not include a separate platform on which deep fake |
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material is posted, sent, or distributed. |
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(2) "Deep fake material" means visual material, |
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created with the intent to deceive, that appears to depict a real |
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person performing an action that did not occur in reality. |
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(3) "Explicit deep fake material" means deep fake |
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material that appears to depict a real person engaging in sexual |
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conduct or other conduct resulting in the exposure of the person's |
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intimate parts. |
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(4) "Intimate parts," "sexual conduct," and "visual |
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material" have the meanings assigned by Section 21.16, Penal Code. |
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SECTION 2. Section 120.101, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 120.101. COMPLAINT SYSTEM. A social media platform |
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shall provide an easily accessible complaint system to enable a |
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user to submit a complaint in good faith and track the status of the |
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complaint, including a complaint regarding: |
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(1) illegal content or activity; [or] |
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(2) explicit deep fake material; or |
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(3) a decision made by the social media platform to |
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remove content posted by the user. |
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SECTION 3. Section 120.102, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 120.102. PROCESSING OF COMPLAINTS. (a) A social media |
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platform that receives notice of illegal content or illegal |
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activity on the social media platform shall make a good faith effort |
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to evaluate the legality of the content or activity within 48 hours |
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of receiving the notice, excluding hours during a Saturday or |
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Sunday and subject to reasonable exceptions based on concerns about |
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the legitimacy of the notice. |
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(b) A social media platform that receives notice of explicit |
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deep fake material on the social media platform shall: |
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(1) remove the content reported by the user as |
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explicit deep fake material; |
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(2) not later than 48 hours after the user submits the |
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notice, confirm to the user that the social media platform is aware |
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of the material; |
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(3) conduct an investigation as required by Section |
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120.1025; and |
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(4) not later than the seventh day after the date the |
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user submitted the report to the social media platform, provide a |
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written notice to the user updating the user on the status of the |
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social media platform's investigation under Section 120.1025. |
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SECTION 4. Subchapter C, Chapter 120, Business & Commerce |
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Code, is amended by adding Section 120.1025 to read as follows: |
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Sec. 120.1025. INVESTIGATION OF EXPLICIT DEEP FAKE |
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MATERIAL. (a) A social media platform that receives notice of |
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explicit deep fake material on the social media platform shall |
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conduct an investigation to determine whether the content reported |
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by the user is explicit deep fake material. |
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(b) A social media platform may collect additional |
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information necessary to complete an investigation under this |
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section. |
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(c) Except as provided by Subsection (d), a social media |
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platform shall complete an investigation under this section not |
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later than the 30th day after the date the user submitted the report |
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to the social media platform. |
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(d) If a social media platform cannot complete an |
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investigation under this section due to circumstances that are |
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reasonably beyond the social media platform's control, the social |
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media platform shall complete the investigation not later than the |
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60th day after the date the user submitted the report to the social |
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media platform. The social media platform shall provide notice to |
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the user who submitted the report of the anticipated delay not later |
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than 48 hours after the social media platform becomes aware of the |
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circumstances that cause the delay. |
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(e) If a social media platform determines after an |
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investigation under this section that the reported material is not |
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explicit deep fake material, the social media platform may restore |
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the material. |
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(f) If a social media platform determines after an |
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investigation under this section that the reported material is |
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explicit deep fake material, the social media platform shall |
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implement measures to ensure the same material is not posted on the |
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social media platform again. |
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SECTION 5. Section 120.103(b), Business & Commerce Code, is |
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amended to read as follows: |
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(b) A social media platform is not required to provide a |
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user with notice or an opportunity to appeal under Subsection (a) if |
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the social media platform: |
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(1) is unable to contact the user after taking |
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reasonable steps to make contact; [or] |
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(2) knows that the potentially policy-violating |
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content relates to an ongoing law enforcement investigation; or |
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(3) removed the content under Section 120.102(b) due |
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to a complaint that the content was explicit deep fake material. |
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SECTION 6. This Act takes effect September 1, 2025. |