By: Hinojosa of Hidalgo, et al. S.B. No. 441     A BILL TO BE ENTITLED   AN ACT   relating to civil liability for the production, solicitation,   disclosure, or promotion of artificial intimate visual material.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 98B, Civil Practice and   Remedies Code, is amended to read as follows:   CHAPTER 98B.  UNLAWFUL PRODUCTION, SOLICITATION, DISCLOSURE, OR   PROMOTION OF INTIMATE VISUAL MATERIAL          SECTION 2.  Section 98B.001, Civil Practice and Remedies   Code, is amended by amending Subdivision (1) and adding   Subdivisions (1-a), (3), and (4) to read as follows:                (1)  "Artificial intimate visual material" means   computer-generated intimate visual material that was produced,   adapted, or modified using an artificial intelligence application   or other computer software in which the person is recognizable as an   actual person by a person's face, likeness, or other distinguishing   characteristic, such as a unique birthmark or other recognizable   feature.                (1-a) "Intimate parts," "promote," "sexual conduct,"   and "visual material" have the meanings assigned by Section 21.16,   Penal Code.                (3)  "Nudification application" means an artificial   intelligence application that is primarily designed and marketed   for the purpose of producing artificial intimate visual material.                (4)  "Social media platform" has the meaning assigned   by Section 120.001, Business & Commerce Code.          SECTION 3.  Chapter 98B, Civil Practice and Remedies Code,   is amended by adding Sections 98B.0021, 98B.0022, 98B.008, and   98B.009 to read as follows:          Sec. 98B.0021.  LIABILITY FOR UNLAWFUL PRODUCTION,   SOLICITATION, DISCLOSURE, OR PROMOTION OF CERTAIN ARTIFICIAL   INTIMATE VISUAL MATERIAL.  A defendant is liable, as provided by   this chapter, to a person depicted in artificial intimate visual   material for damages arising from the production, solicitation,   disclosure, or promotion of the material if:                (1)  the defendant produces, solicits, discloses, or   promotes the artificial intimate visual material without the   effective consent of the depicted person and with the intent to harm   that person;                (2)  the production, solicitation, disclosure, or   promotion of the artificial intimate visual material causes harm to   the depicted person; and                (3)  the production, solicitation, disclosure, or   promotion of the artificial 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 artificial intimate visual material; or                      (B)  information or material provided by a third   party in response to the disclosure of the artificial intimate   visual material.          Sec. 98B.0022.  LIABILITY OF OWNERS OF INTERNET WEBSITES AND   ARTIFICIAL INTELLIGENCE APPLICATIONS AND PAYMENT PROCESSORS. (a) A   person who owns an Internet website, including a social media   platform, on which artificial intimate visual material is produced   or disclosed in exchange for payment or a publicly accessible   nudification application from which the material is produced, and   any person who processes or facilitates payment for the production   or disclosure of the material through the website or application,   is liable, as provided by this chapter, to a person depicted in the   material for damages arising from the production or disclosure of   the material if the person knows or recklessly disregards that the   depicted person did not consent to the production or disclosure of   the material.          (b)  A person who owns an Internet website, including a   social media platform, on which artificial intimate visual material   is disclosed is liable, as provided by this chapter, to the person   depicted in the material for damages arising from the disclosure of   the material if the person depicted requests the website to remove   the material and the website fails to:                (1)  notify the person making the request that the   owner has received the request within 24 hours of receiving the   request; or                (2)  remove the material within 72 hours of receiving   the request.          (c)  A person who owns an Internet website, including a   social media platform, shall make available on the Internet website   an easily accessible system that allows a person to submit a request   for the removal of artificial intimate visual material and track   the status of the request.          Sec. 98B.008.  CONFIDENTIAL IDENTITY IN CERTAIN   ACTIONS.  (a)  In this section, "confidential identity" means:                (1)  the use of a pseudonym; and                (2)  the absence of any other identifying information,   including address, telephone number, and social security number.          (b)  Except as otherwise provided by this section, in a suit   brought under this chapter, the court shall:                (1)  make it known to the claimant as early as possible   in the proceedings of the suit that the claimant may use a   confidential identity in relation to the suit;                (2)  allow a claimant to use a confidential identity in   all petitions, filings, and other documents presented to the court;                (3)  use the confidential identity in all of the court's   proceedings and records relating to the suit, including any   appellate proceedings; and                (4)  maintain the records relating to the suit in a   manner that protects the confidentiality of the claimant.          (c)  In a suit brought under this chapter, only the following   persons are entitled to know the true identifying information about   the claimant:                (1)  the judge;                (2)  a party to the suit;                (3)  the attorney representing a party to the suit; and                (4)  a person authorized by a written order of a court   specific to that person.          (d)  The court shall order that a person entitled to know the   true identifying information under Subsection (c) may not divulge   that information to anyone without a written order of the court. A   court shall hold a person who violates the order in contempt.          (e)  Notwithstanding Section 22.004, Government Code, the   supreme court may not amend or adopt rules in conflict with this   section.          (f)  A claimant is not required to use a confidential   identity as provided by this section.          Sec. 98B.009.  STATUTE OF LIMITATIONS. A person must bring   suit under this chapter not later than 10 years after the later of   the date on which:                (1)  the person depicted in the intimate visual   material that is the basis for the suit reasonably discovers the   intimate visual material; or                (2)  the person depicted in the intimate visual   material that is the basis for the suit turns 18 years of age.          SECTION 4.  The change in law made by this Act applies only   to a cause of action that accrues on or after the effective date of   this Act.          SECTION 5.  This Act takes effect September 1, 2025.