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A BILL TO BE ENTITLED
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AN ACT
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relating to the financial exploitation or abuse of persons using |
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artificially generated media or phishing communications; providing |
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a civil penalty; 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. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100B to read as follows: |
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CHAPTER 100B. LIABILITY FOR FINANCIAL EXPLOITATION OF PERSONS |
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Sec. 100B.001. DEFINITIONS. In this chapter: |
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(1) "Artificial intelligence" means a machine-based |
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system that can, for a given set of human-defined objectives, make |
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predictions, recommendations, or decisions that influence real or |
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virtual environments. |
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(2) "Artificially generated media" means an image, an |
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audio recording, a video recording, a radio broadcast, or written |
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text created or modified using artificial intelligence or other |
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computer software with the intent to deceive. |
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(3) "Exploitation" and "financial exploitation" have |
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the meanings assigned by Section 281.001, Finance Code. |
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(4) "Phishing communication" means an attempt to |
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deceive or manipulate a person into providing personal, financial, |
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or identifying information through e-mail, electronic |
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communication, or other digital means. |
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Sec. 100B.002. CAUSE OF ACTION FOR DISSEMINATION OF CERTAIN |
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COMMUNICATIONS FOR FINANCIAL EXPLOITATION. (a) A person is liable |
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for damages resulting from a knowing dissemination of artificially |
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generated media or a phishing communication for the purpose of |
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financial exploitation. |
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(b) A court shall award a claimant who prevails in an action |
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brought under this section: |
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(1) actual damages, including damages for mental |
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anguish and the defendant's profits attributable to the |
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dissemination of the artificially generated media or phishing |
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communication; and |
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(2) court costs and reasonable attorney's fees |
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incurred in bringing the action. |
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(c) A court in which an action is brought under this |
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section, on a motion of a claimant, may issue a temporary |
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restraining order or a temporary or permanent injunction to |
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restrain and prevent the further dissemination of artificially |
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generated media or a phishing communication to the claimant. |
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(d) It is a defense to liability under this section that: |
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(1) the dissemination occurred as part of a lawful |
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criminal investigation; or |
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(2) the artificially generated media contains a |
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disclosure that: |
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(A) states that the media has been altered using |
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artificial intelligence or other computer software; |
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(B) for a recording or broadcast, occurs at the |
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beginning of or reasonably within the recording or broadcast; and |
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(C) for an image or written text, is clearly |
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legible. |
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Sec. 100B.003. CIVIL PENALTY FOR DISSEMINATION OF CERTAIN |
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COMMUNICATIONS FOR FINANCIAL EXPLOITATION. (a) A person who |
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knowingly disseminates artificially generated media or a phishing |
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communication for purposes of financial exploitation is subject to |
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a civil penalty not to exceed $1,000 per day the media or |
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communication is disseminated. The attorney general may bring an |
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action to collect the civil penalty. |
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(b) It is a defense to liability for a civil penalty imposed |
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under this section that: |
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(1) the dissemination occurred as part of a lawful |
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criminal investigation; or |
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(2) the artificially generated media contains a |
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disclosure that: |
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(A) states that the media has been altered using |
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artificial intelligence or other computer software; |
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(B) for a recording or broadcast, occurs at the |
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beginning of or reasonably within the recording or broadcast; and |
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(C) for an image or written text, is clearly |
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legible. |
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Sec. 100B.004. CONFIDENTIAL IDENTITY IN ACTION FOR |
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DISSEMINATION OF CERTAIN COMMUNICATIONS. (a) In this section, |
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"confidential identity" means: |
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(1) the use of a pseudonym; and |
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(2) the absence of any other identifying information, |
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including address, telephone number, and social security number. |
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(b) In an action brought under Section 100B.002 or 100B.003, |
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the court shall: |
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(1) notify the person who is the subject of the action |
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as early as possible in the action that the person may use a |
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confidential identity in relation to the action; |
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(2) allow a person who is the subject of the action to |
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use a confidential identity in all petitions, filings, and other |
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documents presented to the court; |
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(3) use the person's confidential identity in all of |
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the court's proceedings and records relating to the action, |
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including any appellate proceedings; and |
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(4) maintain the records relating to the action in a |
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manner that protects the person's confidentiality. |
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(c) In an action brought under Section 100B.002 or 100B.003, |
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only the following persons are entitled to know the true |
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identifying information about the person who is the subject of the |
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action: |
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(1) the court; |
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(2) a party to the action; |
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(3) an attorney representing a party to the action; |
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and |
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(4) a person authorized by a written order of the court |
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specific to that person. |
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(d) The court shall order that a person entitled to know the |
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true identifying information under Subsection (c) may not divulge |
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that information to anyone without a written order of the court. |
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The court shall hold a person who violates the order in contempt. |
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(e) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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(f) A person is not required to use a confidential identity |
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as provided by this section. |
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SECTION 2. Section 32.55(e), Penal Code, is amended to read |
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as follows: |
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(e) A person who is subject to prosecution under both this |
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section and another section of this code may be prosecuted under |
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either section or both sections, except that the actor may not be |
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prosecuted under both this section and Section 32.56. |
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SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.56 to read as follows: |
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Sec. 32.56. FINANCIAL ABUSE USING ARTIFICIALLY GENERATED |
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MEDIA OR PHISHING. (a) In this section: |
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(1) "Artificially generated media" and "artificial |
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intelligence" have the meanings assigned by Section 100B.001, Civil |
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Practice and Remedies Code. |
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(2) "Financial abuse" has the meaning assigned by |
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Section 32.55. |
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(b) A person commits an offense if the person knowingly |
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engages in financial abuse: |
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(1) through the use of artificially generated media |
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disseminated to another person; or |
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(2) by deceiving or manipulating another person into |
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providing personal, financial, or identifying information through |
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e-mail, electronic communication, or other digital means. |
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(c) It is a defense to prosecution under this section that: |
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(1) the conduct was performed by an officer or |
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employee of a law enforcement agency in the course and scope of a |
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criminal investigation; or |
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(2) the artificially generated media contains a |
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disclosure that: |
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(A) states that the media has been altered using |
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artificial intelligence or other computer software; |
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(B) for a video or audio recording, occurs at the |
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beginning of the recording; and |
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(C) for an image or written text, appears in an |
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easily readable font size. |
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(d) An offense under this section is: |
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(1) a Class B misdemeanor if the value of the property |
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taken, appropriated, obtained, retained, or used is less than $100; |
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(2) a Class A misdemeanor if the value of the property |
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taken, appropriated, obtained, retained, or used is $100 or more |
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but less than $750; |
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(3) a state jail felony if the value of the property |
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taken, appropriated, obtained, retained, or used is $750 or more |
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but less than $2,500; |
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(4) a felony of the third degree if the value of the |
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property taken, appropriated, obtained, retained, or used is $2,500 |
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or more but less than $30,000; |
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(5) a felony of the second degree if the value of the |
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property taken, appropriated, obtained, retained, or used is |
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$30,000 or more but less than $150,000; and |
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(6) a felony of the first degree if the value of the |
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property taken, appropriated, obtained, retained, or used is |
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$150,000 or more. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections, except that the actor may not be prosecuted under both |
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this section and Section 32.55. |
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SECTION 4. Section 100B.002, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |