TexasSB 44189th Legislature Regular SessionSenate

Relating to criminal and civil liability related to sexually explicit media and artificial intimate visual material; creating a criminal offense; increasing a criminal penalty.

Sponsored By: Juan "Chuy" Hinojosa (Democratic), Suleman Lalani

Signed by Governor

Artificial IntelligenceBusiness & Commerce--Trade PracticesCivil Remedies & LiabilitiesCourts--GeneralCrimes--Against Persons--SexualProtection of Personal InformationCOMPUTERS & SOFTWAREINTERNETSTATUTES OF LIMITATIONSSUPREME COURT

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Deepfake victims gain payment and privacy

For claims arising beginning September 1, 2025, victims can seek damages for artificial intimate material made, requested, shared, or promoted without effective consent. The defendant must intend harm, the conduct must cause harm, and the material or related information must reveal the victim's identity. Victims have 10 years to sue from the later of reasonable discovery of the material or their 18th birthday. They can use a confidential name in court records; access to their real identity is restricted, and disclosure requires a court order. For covered offenses committed beginning September 1, 2025, courts must order convicted defendants to repay psychological, financial, or reputational harm; no fixed payment amount is set.

Criminal penalties for intimate deepfake abuse

For offenses committed beginning September 1, 2025, Texas criminalizes knowingly creating or electronically sharing covered intimate deepfakes without effective consent. Covered media falsely shows someone's intimate parts or sexual conduct; consent requires a knowing, voluntary, signed plain-language agreement describing the media and any work incorporating it. Creation or sharing is a Class A misdemeanor, rising to a third-degree felony for a prior conviction under this law or a depicted person under 18. Intentional threats to create or share the media to coerce, extort, harass, or intimidate are crimes, even without follow-through. Threats are Class B misdemeanors, rising to Class A for a prior conviction under this law or a threatened depiction of someone under 18.

Platforms must remove reported intimate deepfakes

Beginning September 1, 2025, covered websites and apps must offer an easy removal-request system and clear, visible, plain-language instructions. After a depicted person's request, owners must remove the artificial intimate material within 72 hours and reasonably seek and remove known identical copies. Owners face damages for failing these removal duties. Damages also apply to reckless facilitation of production, disclosure, or related payments, including through public nudification apps, when lack of consent is known or recklessly ignored. Violations of removal, request-system, or notice duties are deceptive trade practices; the Texas attorney general can investigate repeat violations and seek court orders stopping them, with costs and attorney's fees available in successful enforcement actions.

Limited defenses for deepfake service providers

Beginning September 1, 2025, labeling an intimate deepfake fake or unauthorized is not a defense to prosecution. Defenses cover lawful police work, reporting unlawful activity, and court proceedings where creation or sharing is legally permitted or required. Qualifying internet and network services have a defense when their role is solely technical, automatic, or intermediate transmission or storage. Providers of public AI tools have a defense only with policies banning the material, required user acknowledgment, and active technological prevention measures. Those measures include training controls, reporting tools, or filtering.

Sponsors & Cosponsors

Sponsors

  • Juan "Chuy" Hinojosa

    Democratic • Senate

  • Suleman Lalani

    House

Cosponsors

  • Brandon Creighton

    Republican • Senate

  • Tan Parker

    Republican • Senate

  • Royce West

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 727 • No: 146

Senate vote • 5/31/2025

Record vote

Yes: 0 • No: 0

House vote • 5/31/2025

Record vote

Yes: 90 • No: 33

Senate vote • 5/31/2025

Record vote

Yes: 0 • No: 0

House vote • 5/27/2025

Record vote

Yes: 104 • No: 36

House vote • 5/27/2025

Record vote

Yes: 96 • No: 41

House vote • 5/26/2025

Record vote

Yes: 109 • No: 34

House vote • 5/26/2025

Record vote

Yes: 137 • No: 2

House vote • 5/26/2025

Record vote

Yes: 143 • No: 0

Senate vote • 3/18/2025

Record vote

Yes: 0 • No: 0

Senate vote • 3/18/2025

Record vote

Yes: 30 • No: 0

House vote • Unknown

Committee vote: Judiciary & Civil Jurisprudence

Yes: 11 • No: 0

Senate vote • Unknown

Committee vote: Criminal Justice

Yes: 7 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Signed by the Governor

    6/20/2025House
  3. Sent to the Governor

    6/3/2025House
  4. Signed in the House

    6/2/2025House
  5. Signed in the Senate

    6/2/2025Senate
  6. Reported enrolled

    6/2/2025Senate
  7. Senate adopts resolution for tech. correction (HCR 172)

    6/2/2025Senate
  8. House adopts resolution for tech. correction (HCR 172)

    6/2/2025House
  9. House adopts conf. comm. report-reported

    5/31/2025Senate
  10. Senate adopts conf. comm. report-reported

    5/31/2025House
  11. Statement(s) of vote recorded in Journal

    5/31/2025House
  12. Record vote (RV#4122)

    5/31/2025House
  13. House adopts conference committee report

    5/31/2025House
  14. Record vote

    5/31/2025Senate
  15. Senate adopts conference committee report

    5/31/2025Senate
  16. Record vote

    5/31/2025Senate
  17. Rules suspended

    5/31/2025Senate
  18. Conf. Comm. Report distributed

    5/30/2025House
  19. Conference committee report filed

    5/30/2025Senate
  20. House appoints conferees-reported

    5/30/2025Senate
  21. House grants request for conf comm-reported

    5/30/2025Senate
  22. House appoints conferees

    5/30/2025House
  23. House grants request for conference committee

    5/30/2025House
  24. Senate appoints conferees-reported

    5/28/2025House
  25. Senate requests conference committee-reported

    5/28/2025House

Bill Text

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