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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that the Department of Information |
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Resources implement and develop certain systems and databases to |
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authenticate and track certain digital content. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2054, Government Code, is |
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amended by adding Sections 2054.0542 and 2054.0543 to read as |
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follows: |
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Sec. 2054.0542. DIGITAL WATERMARKING SYSTEM. (a) In this |
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section: |
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(1) "Cryptographic hash database" means a secure |
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repository for storing digital signatures or hashes generated from |
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images that may be used to verify that the images have not been |
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altered. |
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(2) "Data provenance" means information regarding the |
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origin or history of, and changes to, digital content, for the |
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purpose of ensuring that the digital content's authenticity may be |
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verified. |
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(3) "Digital watermarking" means a process of |
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embedding information, either imperceptible or visible, into a |
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digital image to certify the image's authenticity and integrity. |
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(4) "Hash" means a cryptographic representation of an |
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original image or video. |
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(5) "State website" means any state website maintained |
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by the department that is primarily used to disseminate information |
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to the public. |
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(b) The department shall implement and maintain a digital |
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watermarking system to: |
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(1) embed into each image posted on a state website the |
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image's data provenance; and |
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(2) generate a hash for each image posted by the |
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department on a state website and record the hash in a cryptographic |
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hash database. |
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(c) The digital watermarking system must be tamper-evident |
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and readily verifiable by the general public through accessible |
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online tools or interfaces. |
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(d) The department may provide technical assistance to |
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another state agency to assist the agency in implementing a digital |
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watermarking system or another data provenance measure for the |
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agency's digital media. |
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Sec. 2054.0543. HASHMARK SHARING DATABASE FOR CERTAIN |
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MATERIAL. (a) In this section: |
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(1) "Artificial intelligence" means technology that |
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enables a computer to perform advanced functions, including |
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analyzing data, making recommendations, and understanding |
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language. |
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(2) "Child sexual abuse material" means an image, |
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including a video, of a child engaging in sexual conduct or sexual |
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performance. |
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(3) "Hash" has the meaning assigned by Section |
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2054.0542. |
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(4) "Hashmark sharing database" means a database to |
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which hashes that have been labeled are added for the purpose of |
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allowing a person with access to the database to identify certain |
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content that is visually similar to the images represented by |
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hashes in the database. |
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(b) The department shall develop and maintain a hashmark |
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sharing database for hashes related to child sexual abuse material. |
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(c) The database must be accessible to state agencies, |
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private sector entities, and federal, state, and local law |
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enforcement agencies for the purpose of training artificial |
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intelligence systems or content moderation systems or taking other |
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action to prevent dissemination of child sexual abuse material on |
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any platform. |
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(d) The department may collaborate with the Department of |
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Public Safety and any federal, state, or local agency or |
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organization to develop and maintain the hashmark sharing database |
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required by this section. |
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SECTION 2. The Department of Information Resources shall |
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implement the digital watermarking system required by Section |
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2054.0542, Government Code, as added by this Act, and the hashmark |
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sharing database required by Section 2054.0543, Government Code, as |
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added by this Act, not later than September 1, 2026. |
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SECTION 3. This Act takes effect September 1, 2025. |