H.B. No. 449         AN ACT   relating to the unlawful production or distribution of sexually   explicit media using deep fake technology.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 21.165, Penal Code, is   amended to read as follows:          Sec. 21.165.  UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN   SEXUALLY EXPLICIT MEDIA [VIDEOS].          SECTION 2.  Section 21.165(a)(1), Penal Code, is amended to   read as follows:                (1)  "Deep fake media [video]" means a visual depiction   [a video,] created or altered through [with] the use of software,   machine learning, artificial intelligence, or any other   computer-generated or technological means, including by adapting,   modifying, manipulating, or altering an authentic visual depiction   manually or through an automated process [intent to deceive], that   appears to a reasonable person to depict a real person,   indistinguishable from an authentic visual depiction of the real   person, performing an action that did not occur in reality.          SECTION 3.  Section 21.165(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if, without the effective   consent of the person appearing to be depicted, the person   knowingly produces or distributes by electronic means [a] deep fake   media [video] that appears to depict the person with the person's   intimate parts exposed or engaged in sexual conduct.          SECTION 4.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 5.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 449 was passed by the House on May 6,   2025, by the following vote:  Yeas 147, Nays 0, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 449 on May 28, 2025, by the following vote:  Yeas 134, Nays 1, 1   present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 449 was passed by the Senate, with   amendments, on May 23, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor