85R6884 TSR-D     By: Davis of Dallas H.B. No. 2024       A BILL TO BE ENTITLED   AN ACT   relating to the publication of an image that depicts an individual   without the individual's consent; imposing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is   amended by adding Chapter 113 to read as follows:   CHAPTER 113. PUBLICATION OF CERTAIN IMAGES          Sec. 113.001.  DEFINITION. In this chapter, "unauthorized   image" means an image that depicts an individual who has not   consented to the capture or publication of the image.          Sec. 113.002.  APPLICABILITY OF CHAPTER. This chapter does   not apply to the publication of an image:                (1)  by a bona fide member of the news media when acting   in that capacity;                (2)  by law enforcement personnel in the performance of   their duties; or                (3)  into the public domain by an individual who   appears in the image.          Sec. 113.003.  PUBLICATION OF UNAUTHORIZED IMAGE   PROHIBITED. A person may not publish an unauthorized image on the   Internet.          Sec. 113.004.  REQUEST FOR REMOVAL OF UNAUTHORIZED IMAGE. A   business entity that owns or operates an Internet website and   receives a request from an individual who is depicted in an   unauthorized image for removal of the unauthorized image from the   website shall remove the image not more than 48 hours after the   business entity receives the request.          Sec. 113.005.  CIVIL PENALTY; INJUNCTION. (a) A business   entity that violates Section 113.004 is liable to this state for a   civil penalty in an amount not to exceed $200.          (b)  The attorney general or an appropriate local   prosecuting attorney may bring an action to collect a civil penalty   imposed under this section.          (c)  If the attorney general brings an action under   Subsection (b) and prevails, the civil penalty shall be deposited   in the state treasury to the credit of the general revenue fund. If   a local prosecuting attorney brings the action and prevails, the   civil penalty shall be deposited in the general fund of the   appropriate county.          (d)  The attorney general may bring an action in the name of   this state to restrain or enjoin a violation or threatened   violation of this chapter.           SECTION 2.  Chapter 113, Business & Commerce Code, as added   by this Act, applies to any publication of an image that occurs on   or after the effective date of this Act, regardless of whether the   image was initially published before that date.          SECTION 3.  This Act takes effect September 1, 2017.