89R549 CJD/MZM-F     By: Gámez H.B. No. 1121       A BILL TO BE ENTITLED   AN ACT   relating to civil and criminal liability for the unlawful   disclosure or promotion of intimate visual material.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 98B.002, Civil Practice and Remedies   Code, is amended by amending Subsection (a) and adding Subsection   (c) to read as follows:          (a)  A defendant is liable, as provided by this chapter, to a   person depicted in intimate visual material for damages arising   from the disclosure of the material if:                (1)  the defendant discloses the intimate visual   material without the effective consent of the depicted person and   with the intent to harm that person;                (2)  either:                      (A)  at the time of the disclosure, the defendant   knows or has reason to believe that the intimate visual material was   obtained by the defendant or created under circumstances in which   the depicted person had a reasonable expectation that the material   would remain private; or                      (B)  the intimate visual material was created,   adapted, or modified as described by Subsection (c);                (3)  the disclosure of the intimate visual material   causes harm to the depicted person; and                (4)  the disclosure of the intimate visual material   reveals the identity of the depicted person in any manner,   including through:                      (A)  any accompanying or subsequent information   or material related to the intimate visual material; or                      (B)  information or material provided by a third   party in response to the disclosure of the intimate visual   material.          (c)  For purposes of conduct for which a defendant is liable   under Subsection (a) or (b), intimate visual material to which that   conduct applies includes a depiction of a person:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and                (2)  whose image was used in creating, adapting, or   modifying the intimate visual material, including   computer-generated intimate visual material that was created,   adapted, or modified using an artificial intelligence application   or other computer software.          SECTION 2.  Chapter 98B, Civil Practice and Remedies Code,   is amended by adding Section 98B.0021 to read as follows:          Sec. 98B.0021.  LIABILITY FOR ASSISTANCE IN UNLAWFUL   DISCLOSURE OR PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. A   defendant is jointly and severally liable with any other defendant   to a person depicted in intimate visual material for damages   arising from the disclosure of the material if the material was   created, adapted, or modified as described by Section 98B.002(c)   using the defendant's artificial intelligence application or other   computer software if:                (1)  the defendant failed to take reasonable   precautions against the creation, adaptation, or modification of   the material; and                (2)  the material was created, adapted, or modified   without the consent of the person depicted.          SECTION 3.  Section 21.16, Penal Code, is amended by   amending Subsection (b) and adding Subsection (d-1) to read as   follows:          (b)  A person commits an offense if:                (1)  without the effective consent of the depicted   person and with the intent to harm that person, the person discloses   visual material depicting another person with the person's intimate   parts exposed or engaged in sexual conduct;                (2)  either:                      (A)  at the time of the disclosure, the person   knows or has reason to believe that the visual material was obtained   by the person or created under circumstances in which the depicted   person had a reasonable expectation that the visual material would   remain private; or                      (B)  the visual material was created, adapted, or   modified as described by Subsection (d-1);                 (3)  the disclosure of the visual material causes harm   to the depicted person; and                (4)  the disclosure of the visual material reveals the   identity of the depicted person in any manner, including through:                      (A)  any accompanying or subsequent information   or material related to the visual material; or                      (B)  information or material provided by a third   party in response to the disclosure of the visual material.          (d-1)  For purposes of conduct prohibited under Subsection   (b), (c), or (d), visual material to which that conduct applies   includes a depiction of a person:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and                (2)  whose image was used in creating, adapting, or   modifying the visual material, including computer-generated visual   material that was created, adapted, or modified using an artificial   intelligence application or other computer software.          SECTION 4.  (a) Chapter 98B, Civil Practice and Remedies   Code, as amended by this Act, applies only to a cause of action that   accrues on or after the effective date of this Act. A cause of   action that accrues before the effective date of this Act is   governed by the law applicable to the cause of action immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          (b)  Section 21.16, Penal Code, as amended 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 subsection, an offense was committed   before the effective date of this Act if any element of the offense   was committed before that date.          SECTION 5.  This Act takes effect September 1, 2025.