| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the publication of an image that depicts an individual |
|
|
without the individual's consent; imposing civil penalties. |
|
|
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 111 to read as follows: |
|
|
CHAPTER 111. PUBLICATION OF CERTAIN IMAGES |
|
|
Sec. 111.001. 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. 111.002. APPLICABILITY OF CHAPTER. This chapter does |
|
|
not apply to the publication of an image by a bona fide member of the |
|
|
news media or of law enforcement when acting in that capacity. |
|
|
Sec. 111.003. PUBLICATION OF UNAUTHORIZED IMAGE |
|
|
PROHIBITED. A person may not publish an unauthorized image on the |
|
|
Internet. |
|
|
Sec. 111.004. 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 |
|
|
Internet website shall remove the image not more than 48 hours after |
|
|
the business entity receives the request. |
|
|
Sec. 111.005. CIVIL PENALTY; INJUNCTION. (a) A business |
|
|
entity that violates Section 111.004 is liable to the state for a |
|
|
civil penalty in an amount not to exceed $200. |
|
|
(b) The attorney general or an appropriate local |
|
|
prosecuting attorney may sue to collect a civil penalty under this |
|
|
section. |
|
|
(c) If the attorney general brings the suit, the penalty |
|
|
shall be deposited in the state treasury to the credit of the |
|
|
general revenue fund. If a local prosecuting attorney brings the |
|
|
suit, the penalty shall be deposited in the general fund of the |
|
|
county in which the violation occurred. |
|
|
(d) The attorney general may bring an action in the name of |
|
|
the state to restrain or enjoin a violation or threatened violation |
|
|
of this chapter. |
|
|
SECTION 2. Chapter 111, 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 |
|
|
information was initially published before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |