Protecting Truth and Identity Act
Business and Commerce Code · Chapter 122
Establishes property rights in Texans' data, content, identity, image, and likeness online, requires
identity verification for accountability, creates a fast, specialized court to resolve digital truth and
identity disputes, and protects citizens' digital property from unauthorized use by AI companies, cloud
storage providers, and government access without a warrant.
By: ___________________
___.B. No. _____
A BILL TO BE ENTITLED AN ACT
relating to the protection of truth, personal content, identity, image, and likeness
on Internet-accessible systems; requiring identity verification for users of covered systems;
establishing correction and removal request processes; creating the Information and Technology Courts;
providing enhanced protections for minors; and providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. Title 5, Business and Commerce Code, is amended by
adding Chapter 122 to read as follows:
CHAPTER 122. PROTECTING TRUTH AND IDENTITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 122.001. SHORT TITLE.
This chapter may be cited as the "Protecting Truth and Identity Act."
Sec. 122.002. LEGISLATIVE FINDINGS AND PURPOSE.
(a)The legislature finds that:
(1)the proliferation of false and misleading information
on the Internet poses a significant threat to the health, safety, welfare, and reputations of the
citizens of this state;
(2)modern technologies, including artificial intelligence
and digital manipulation tools, have dramatically increased the capacity to create and disseminate false
information and to manipulate the content, identities, images, audio, video, and likenesses of persons,
places, and property;
(3)citizens of this state have a compelling interest in
being able to distinguish between statements of verifiable fact and statements of opinion, theory,
assumption, or interpretation when accessing information on the Internet;
(4)requiring entities that own and manage
Internet-accessible systems to exercise reasonable diligence in ensuring the accuracy of the factual
content they publish protects the public interest without restricting protected speech but rather
enhancing the value and substance of free speech, and that opinion, when demonstrated as such under the
totality of the circumstances, serves as a defense to claims of false statements of fact;
(5)these requirements apply to the entity's own published
content and editorial representations and do not impose liability on interactive computer services for
information provided by another information content provider within the meaning of 47 U.S.C. Section
230;
(6)a mechanism for citizens to request corrections of
false factual statements and removal of content, identity, image, and likeness material, and to seek
judicial relief when corrections or removals are not made, serves the interests of truth, fairness, and
the protection of individual content, identity, image, likeness, and reputation;
(7)the creation of a specialized judicial forum is
necessary to adjudicate disputes arising under this chapter in an efficient, consistent, and expert
manner;
(8)expedited removal procedures for sexually explicit
likeness abuse material supplement and reinforce existing protections under Chapter 98B, Civil Practice
and Remedies Code, Sections 21.16 and 21.165, Penal Code, and the federal TAKE IT DOWN Act (Pub. L.
119-16);
(9)the protection of personal autonomy over one's content,
image, and likeness, including the right to have sexually explicit material depicting oneself removed
from the Internet upon request regardless of initial consent, serves a compelling state interest in
human dignity and protection from ongoing harm;
(10)a natural person's content, identity, image, and
likeness constitute personal property rights that warrant protection in the digital age, and a natural
person's data, content, identity, image, and likeness (DCIIL) in digital form remain the personal
property of that person at all times and may only be transferred or licensed to an entity for a limited
term not to exceed two years as provided by Section 122.063A;
(11)the default rule for Internet-accessible systems
should be privacy-protective, requiring express consent and fair compensation for the collection and use
of personal data;
(12)a natural person's personal data, including
behavioral, interaction, and usage data generated by the person's activity on Internet-accessible
systems, is a product of that person's actions and identity in the digital environment and therefore
warrants protection and fair compensation when collected or used by others;
(13)positive identification of all users of covered
systems is essential to protect the property rights of citizens in their content, identity, image, and
likeness (CIIL), to enforce the remedies provided by this chapter, and to hold individuals accountable
for publishing false information that causes harm, while permitting anonymous public presentation of
content when the user's verified identity is on file with the platform, thereby promoting both truth and
the protection of property rights without eliminating the ability to post anonymously;
(14)users of platforms retain ownership of their content
unless they sell such content to the platform for monetary consideration, and both natural persons and
legal entities have property rights in their content, identity, image, and likeness;
(15)powerful entities, influencers, and persons of public
prominence have substantial impact on public discourse and must be held accountable for the accuracy of
factual statements they publish, and citizens must have effective mechanisms to compel corrections when
false statements harm their reputations;
(16)findings by the Information and Technology Courts that
content is false or violates this chapter serve the interests of justice by providing admissible
evidence in related proceedings, including defamation actions, thereby streamlining the pursuit of
remedies for harm to reputation;
(17)protecting truth in digital media enhances rather than
restricts free speech by ensuring that speech is informed, reliable, and trustworthy, thereby increasing
the value and substance of public discourse;
(18)just as the right to free speech does not protect a
person who falsely shouts "fire" in a crowded theater and causes a panic, as recognized by the Supreme
Court of the United States in Schenck v. United States, 249 U.S. 47 (1919), and as false statements of
fact that cause identifiable harm—including defamation, fraud, and false statements integral to criminal
conduct—have never been afforded full First Amendment protection, the publication of false information
presented as true on Internet-accessible systems that causes harm to the content, identity, image,
likeness, reputation, safety, or economic interests of persons is not constitutionally protected speech,
and the state has a compelling interest in providing mechanisms for the correction of such false
information and the protection of its citizens from such harm.
(19)the purpose of this chapter is not to censor or
restrict speech based on viewpoint, ideology, or offensiveness, but to protect the property rights of
persons in their content, identity, image, and likeness (CIIL) and to provide narrowly tailored
mechanisms for the correction of false statements of fact and the removal of CIIL used without consent
or compensation;
(20)nothing in this chapter prohibits any person from
expressing offensive, derogatory, indecent, cruel, or otherwise distasteful opinions about any person,
group, or idea; such expressions, however repugnant, remain protected opinion so long as they do not
constitute false statements of fact, threats, fraud, or other speech that is unprotected under the First
Amendment to the United States Constitution or Article I, Section 8, Texas Constitution;
(21)protecting a person's property rights in their CIIL in
digital spaces is consistent with longstanding principles that prohibit the taking or conversion of
another's property without consent and just compensation, and does not diminish any person's right to
speak, publish, or access ideas, information, or opinions;
(22)the mechanisms created by this chapter for identity
verification, correction requests, and removal requests are intended to enable accountability for the
use and misuse of CIIL and false statements of fact, not to impose prior restraints on speech or to
license or pre-approve content;
(23)false statements of fact have historically received
reduced First Amendment protection, particularly where they cause harm to reputation, property, or
safety, and requiring correction or removal of specific statements judicially determined to be false
enhances, rather than diminishes, the informational value and integrity of public discourse;
(24)no person has a constitutional right to continue
publishing a specific factual assertion as true after a court of competent jurisdiction has determined,
on the basis of competent evidence of truth, that the assertion is false;
(25)the nonconsensual publication and continued
dissemination of sexually explicit or other intimate CIIL depicting a person, including through
fabricated or AI-generated media, constitutes a severe invasion of privacy, a misuse of that person's
property, and a form of coercive control, and the state has a compelling interest in providing prompt
and effective mechanisms for removal of such material;
(26)the identity verification requirements of this chapter
are designed to enable the tracing of responsibility for the creation and use of CIIL and false
statements of fact, while still protecting the ability of users to publish content pseudonymously or
anonymously for public viewing, and are not intended to eliminate anonymous public speech but to ensure
that every publisher of content can be held accountable through lawful process when they infringe the
rights of others.
(27)minors are uniquely vulnerable to the harmful effects
of false information, identity manipulation, fabricated media, and sexually explicit material on
Internet-accessible systems, and the state has a compelling interest in providing enhanced protections
for minors that supplement federal protections under the Children's Online Privacy Protection Act (15
U.S.C. § 6501 et seq.), the TAKE IT DOWN Act (Pub. L. 119-16), and 18 U.S.C. §§ 2251-2256;
(28)parents and guardians have a fundamental
constitutional right to direct the upbringing, care, custody, and control of their children, as
recognized by the Supreme Court of the United States in Troxel v. Granville, 530 U.S. 57 (2000), Meyer
v. Nebraska, 262 U.S. 390 (1923), and Pierce v. Society of Sisters, 268 U.S. 510 (1925), and this
fundamental right includes the right to manage and protect a minor's content, identity, image, and
likeness in the digital environment;
(29)the identity verification requirements of this
chapter, when applied to minors, serve the dual purpose of protecting the minor's CIIL and ensuring that
platforms, law enforcement, and parents can identify and respond to threats to minors, including
predatory conduct, exploitation, and the nonconsensual use of a minor's CIIL;
(30)sexually explicit likeness material depicting a minor
is inherently harmful, is not protected speech under the First Amendment or the Texas Constitution, and
is criminal under federal law regardless of whether the material was created with or without the consent
of any person, and the state has a compelling interest in ensuring the immediate removal of such
material and the referral of such conduct to law enforcement; and
(31)the parental consent and verification requirements of
this chapter for minors are designed to reinforce and strengthen — not replace or diminish — the
protections provided by the Children's Online Privacy Protection Act, the Texas Securing Children Online
through Parental Empowerment Act (Chapter 509, Business and Commerce Code), and other federal and state
laws that protect minors online, and to empower parents with additional tools to protect their
children's CIIL in the digital environment; and
(32)effective enforcement of this chapter requires that
the Information and Technology Courts and the Technical Enforcement Division have authority to order the
immediate suspension of public access to a covered system whenever an owner or operator fails to comply
with any court order issued under this chapter, and that such suspension authority is available for any
single instance of noncompliance without requiring proof of a pattern or practice of violations, thereby
ensuring that entities cannot delay or avoid compliance with court-ordered obligations relating to CIIL,
DCIIL, personal data, false content, identity verification, or any other requirement of this chapter;
and
(33)identity verification for all users of covered systems
is essential to establish and protect each person's property rights in their data, content, identity,
image, and likeness (DCIIL) in the digital environment; without verified identity, a person cannot lay
claim to their DCIIL as their property, cannot receive compensation when their DCIIL is used by others,
and cannot hold accountable those who abuse their DCIIL or publish false content about them; identity
verification thus serves the compelling state interest of enabling the exercise and enforcement of
property rights in the digital age, and is not a restriction on speech but a prerequisite for the
protection of personal property rights online;
(34)the fault standards prescribed by this chapter for
court-ordered corrections of content about public officials and public figures on matters of public
concern are consistent with the constitutional requirements of New York Times Co. v. Sullivan, 376 U.S.
254 (1964), and Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), and are included to ensure the
constitutional validity of this chapter's correction-order provisions while preserving the full
enforceability of DCIIL property protections, fabricated media removal, and sexually explicit material
removal, which do not implicate the actual malice standard; and
(35)a natural person's data, content, and creations made
on that person's own computer or device are that person's personal property from the moment of creation,
whether or not the person ever connects to the Internet or transmits that content to any other system,
and this property status is not diminished by the person's subsequent use of cloud storage, artificial
intelligence, or other third-party services to store, process, or transmit that content;
(36)entities that provide cloud storage, document
collaboration, artificial intelligence, or similar services necessarily receive possession of a person's
property for the limited purpose of providing the requested service, and such possession does not
constitute a transfer of ownership or a license to use that property for the entity's own purposes,
including training artificial intelligence models or building reference libraries, absent the clear,
informed, and affirmative consent of the property owner; and
(37)because a natural person's DCIIL and local device
content constitute that person's personal property under this chapter, governmental access to such
property, whether sought for criminal, civil, or other investigative purposes, must be obtained through
a warrant issued by a judge upon a showing of probable cause, consistent with the Fourth Amendment to
the United States Constitution and Article I, Section 9, Texas Constitution.
(b)The purpose of this chapter is to:
(1)promote the dissemination of truthful and accurate
information on the Internet;
(2)protect persons, places, and property from the harmful
effects of false factual statements published on Internet-accessible systems;
(3)establish that the determination of content as opinion,
theory, assumption, or interpretation, as demonstrated under the totality of the circumstances, serves
as a defense to actions for false statements of fact under this chapter;
(4)establish a correction request process by which any
person may seek the correction of false factual information published on an Internet-accessible system
and a removal request process by which any person may seek the removal of their content, identity,
image, or likeness from a covered system;
(5)create a specialized judicial body to adjudicate
disputes under this chapter;
(6)provide expedited civil procedures for removal of
sexually explicit likeness abuse material and fabricated media depicting persons that supplement
existing criminal and civil remedies, including remedies under the federal TAKE IT DOWN Act;
(7)protect persons whose content, identities, images, or
likenesses have been wrongfully manipulated, altered, or otherwise disseminated without their consent;
(8)ensure that individuals have the right to have sexually
explicit material depicting themselves removed from the Internet upon request, recognizing that consent
given at one time does not constitute perpetual consent and that such material causes ongoing harm to
the depicted person;
(9)establish property rights in personal content,
identity, image, and likeness for both natural persons and legal entities, requiring consent and
compensation for commercial use, and establish that a natural person’s data, content, identity, image,
and likeness (DCIIL) remains that person’s personal property at all times with any transfer or license
limited to a maximum term of two years;
(10)protect the privacy of Texas residents by requiring
express consent and fair compensation for personal data collection;
(11)require verified identity of all users of covered
systems to enable accountability and protect property rights, while permitting anonymous public posting
when verified identity is on file;
(12)establish that users retain ownership of their content
unless sold to platforms for monetary consideration;
(13)hold powerful entities, influencers, and persons of
public prominence accountable for the truth and accuracy of factual statements they publish;
(14)provide citizens with effective tools to compel
corrections of false statements that harm their reputations and to seek removal of their content,
identity, image, or likeness, and to hold publishers of false information accountable;
(15)facilitate the use of court findings under this
chapter as evidence in related proceedings, including defamation actions;
(16)enhance the value and substance of free speech by
promoting truthful, accurate, and reliable public discourse;
(17)protect minors from the harmful effects of false
information, identity manipulation, fabricated media, and sexually explicit material on
Internet-accessible systems by establishing parental custodianship of minors' CIIL, requiring parental
verification for minor users, providing enhanced protections for sexually explicit material depicting
minors, and reinforcing the fundamental rights of parents to manage and protect their children's digital
presence;
(18)ensure effective enforcement of this chapter by
authorizing the Information and Technology Courts to order the immediate suspension of public access to
any covered system upon an owner's or operator's failure to comply with any court order issued under
this chapter, without requiring a finding of a pattern or practice of violations; and
(19)establish identity verification as a prerequisite for
the exercise and protection of property rights in DCIIL in the digital environment, enabling each person
to lay claim to their DCIIL, receive compensation for its use, and hold accountable those who abuse
their DCIIL or publish false content; and
(20)ensure the constitutional validity of this chapter by
incorporating fault standards consistent with established First Amendment jurisprudence for
court-ordered corrections of content about public officials and public figures, while expressly
exempting DCIIL property violations, fabricated media, and sexually explicit material from such fault
requirements; and
(21)protect a natural person's data and creations made on
their own computer or device as that person's personal property, independent of whether such content is
ever transmitted to the Internet;
(22)require storage and hosting entities, including cloud
storage and artificial intelligence providers, to obtain clear, affirmative, opt-in consent before
accessing, using, or leveraging a person's stored property for the entity's own purposes, and to secure
that property against unauthorized access by any other entity; and
(23)confirm that governmental access to a person's
property held by any entity requires a warrant issued upon probable cause in all circumstances, whether
criminal, civil, or administrative in nature.
Sec. 122.003. DEFINITIONS.
In this chapter:
(1)"Content, identity, image, and likeness" or "CIIL"
means the collective property interest of a natural person or legal entity in (A) the content that
person or entity creates, publishes, or causes to be published; (B) the identity of that person or
entity as defined by Paragraph (11); (C) the image or likeness of that person or entity as defined by
Paragraph (12); and (D) any combination thereof. CIIL constitutes personal property for purposes of this
chapter.
(2)"Competent evidence of truth" means evidence described
by Paragraph (21) that is sufficient for a reasonable person to conclude that the reality conveyed by a
statement, image, video, audio, or other content corresponds to actual persons, places, things, and
events.
(3)"Content" means any text, image, audio, video, or other
media published or made accessible on a covered system, including any article, post, comment, statement,
report, graphic, photograph, audio recording, video recording, or any combination thereof, whether
original, edited, or AI-generated. Content includes both factual statements and opinion.
(4)"Content creator" means a natural person or entity that
creates, publishes, or causes to be published content on a covered system. The term includes owners,
operators, users, contributors, commenters, and any person or entity exercising editorial control over
content.
(5)"Correction request" means a written submission by a
person to an owner or operator, or to a user, identifying specific content on a covered system that the
person asserts contains a false statement of fact and requesting that the content be corrected, removed,
or replaced.
(6)"Covered system" means any website, server,
application, database, or other Internet-connected system or service that is accessible to the public or
to a defined group of users and through which content is published, disseminated, or made accessible.
The term includes but is not limited to websites, web applications, APIs, mobile applications, and
cloud-based services. The term does not include: (A) a system operated exclusively for personal, family,
or household purposes; (B) a system operated by a religious organization exclusively for communicating
matters of faith, doctrine, or religious opinion; or (C) an Internet service provider, to the extent the
provider merely provides access to or transmission of content without exercising editorial control.
(7)"Entity" means a natural person, corporation, limited
liability company, partnership, association, government body, or any other legal person. Both natural
persons and legal entities have property rights in their CIIL under this chapter.
(8)"Fabricated media" means any image, audio, video, or
other media content that: (A) depicts a person or entity doing, saying, or behaving in a manner that the
person or entity did not actually do, say, or behave; (B) has been created, edited, or altered through
digital manipulation, artificial intelligence, or other technological means to falsely represent the
person's or entity's actions, statements, appearance, voice, or behavior; or (C) has been generated or
synthesized by artificial intelligence or other means to create a false representation of a person or
entity.
(9)"Factual statement" means a statement that purports to
describe an objective condition, event, circumstance, or characteristic of a person, place, or thing
that is capable of being verified as true or false through competent evidence of truth.
(10)"False statement of fact" means a factual statement
that is not a "true statement" as defined by Paragraph (21), as determined by a preponderance of the
evidence.
(11)"Identity" means the name, pseudonym, online handle,
biometric identifier, or other unique personal identifier of a natural person or legal entity.
(12)"Image or likeness" means any visual, audio, or
audiovisual representation by which a natural person or legal entity is identifiable, including a
photograph, video, audio recording of the person's voice, avatar, logo, trademark, trade dress, or
digital representation.
(13)"Information and Technology Court" means a court
established under Subchapter D of this chapter.
(14)"Opinion" means a statement that expresses a
subjective belief, interpretation, theory, assumption, viewpoint, or value judgment that is not capable
of being objectively verified as true or false. A person stating their own subjective beliefs,
interpretations, assumptions, or value judgments is making a truthful statement about what they believe
or assume, which is protected opinion. Whether a statement constitutes opinion is determined by the
totality of the circumstances, including the language used, the context in which it appears, and whether
a reasonable person would understand it as a statement of fact or an expression of personal belief.
(15)"Owner or operator" means an entity that owns,
operates, or manages a covered system. The term includes individual content creators, bloggers,
influencers, and other natural persons who publish content accessible to residents of this state through
a covered system.
(16)"Person" has the meaning assigned by Section 311.005,
Government Code.
(17)"Personal data collection" means any act of
collecting, recording, tracking, profiling, or otherwise processing information, including metadata and
behavioral data, that can reasonably be linked to an identified or identifiable natural person. The term
does not include: (A) information necessary to complete a specific transaction requested by the person;
(B) information necessary to verify the identity of a person as required by this chapter or other law;
(C) information necessary to comply with legal obligations, including tax reporting, law enforcement
requests, or court orders; (D) information necessary to provide the core functionality of a service that
the person has expressly requested; or (E) aggregated or de-identified data that cannot reasonably be
linked to an identified or identifiable natural person.
(18)"Personal or private image" means an image, audio, or
video of a person captured or disclosed in circumstances in which the person had a reasonable
expectation of privacy, including in a private residence, private space, private communication, or where
the content was shared with an expectation of limited distribution.
(19)"Removal request" means a written submission by a
person to an owner or operator, or to a user, requesting the removal of content containing that person's
CIIL from a covered system.
(20)"Sexually explicit likeness material" means any visual
depiction, including any photograph, video, film, or digitally or computer-generated image, whether made
or produced by electronic, mechanical, or other means, that depicts a person engaging in sexual conduct
or with the person's intimate parts exposed, regardless of whether the material was created with the
depicted person's initial consent.
(21)"True statement" or "True content" means a statement,
image, video, audio, or other content that accurately and comprehensively conveys, or without any
alteration or AI manipulation displays, the actual reality of the persons, places, things, and events
being depicted, shown, or described, such that upon encountering the content, a reasonable person comes
to know what actually occurred or exists. Truth is demonstrated by competent evidence including: (A)
witness testimony from persons with direct knowledge; (B) original, unaltered photographs, videos, or
audio recordings that have not been edited, manipulated, or synthesized by artificial intelligence or
other technological means; (C) physical evidence or contemporaneous documentation; (D) repeatable
experiments or demonstrations; or (E) other evidence admissible under the Texas Rules of Evidence.
(22)"Transaction data" means the minimum information
necessary to complete a specific commercial transaction requested by a person, including payment
information, shipping address, and contact information for fulfillment of the transaction.
(23)"User" means a natural person, corporation, or other
legal entity that accesses, interacts with, creates content on, publishes content on, comments on, or
otherwise uses a covered system. The term includes but is not limited to content creators, commenters,
contributors, and any person who publishes any form of content on a covered system.
(24)"User-generated content ownership" means the property
right held by a user in content the user creates or publishes on a platform. Users retain full ownership
of their content unless the user sells the content to the platform or another entity for monetary
consideration pursuant to a written agreement specifying the transfer of ownership.
(25)"Verified identity" means the confirmed identity of a
user, established through government-issued identification, biometric verification, or other reliable
means as specified by rules adopted under this chapter. A user whose identity has been verified may
publish content under a pseudonym or anonymously for public viewing, but the verified identity must be
on file with the owner or operator of the covered system and must be disclosed to the court upon proper
legal process.
(26)"Minor" means a natural person who has not attained
the age of 18 years.
(27)"Parent or guardian" means a natural person who is a
parent, legal guardian, managing conservator, or other person having legal custody or control of a minor
under the laws of this state, including Chapter 153, Family Code. Where both parents have legal rights
to manage a minor's affairs under the laws of this state, both parents shall have equal rights under
this chapter unless a court order provides otherwise.
(28)"Minor's CIIL custodian" means the parent or guardian
who has authority to manage, protect, and exercise rights over a minor's CIIL under this chapter.
(29)"Data, Content, Identity, Image, and Likeness" or
"DCIIL" means a natural person’s data, content, identity, image, audio, video, likeness, and any
derivative, synthetic, or fabricated representation thereof stored, processed, or transmitted in digital
form on or through an Internet-accessible system or related infrastructure owned, operated, or
controlled by an entity. DCIIL constitutes the personal property of the natural person at all times,
subject only to express written transfer or license as provided by Section 122.063A.
(30)"Local device content" means any data, content,
identity, image, likeness, or other digital creation of a natural person that is created, stored, or
maintained on a device owned or controlled by that person, regardless of whether the device is ever
connected to the Internet. Local device content constitutes the personal property of that person under
this chapter upon creation, independent of any transmission, upload, or publication to a covered system.
(31)"Storage or hosting entity" means an entity that
provides cloud storage, file hosting, document collaboration, artificial intelligence processing, or
other services through which a person's DCIIL or local device content is uploaded, stored, processed, or
transmitted, regardless of whether that entity also qualifies as a covered system under Paragraph (6).
(32)"Content access consent" means the affirmative, opt-in
authorization described by Section 122.066 that a person must grant before a storage or hosting entity
may access, review, analyze, use, or disclose that person's DCIIL or local device content for any
purpose beyond the person's own requested use of the entity's service.
(33)"Session-derived work product" means any output, model
refinement, derivative work, or artificial intelligence instance created through the processing of a
person's DCIIL or local device content during that person's use of an entity's software, application, or
artificial intelligence service.
Sec. 122.004. APPLICABILITY.
(a)This chapter applies to any owner or operator that:
(1)owns, operates, or manages a covered system that is
accessible to residents of this state; and
(2)publishes, creates, or exercises editorial control over
content on the covered system.
(b)For purposes of this chapter, accountability for
content is allocated as follows:
(1)An owner or operator is directly accountable under
Subchapters B and C for all first-party content—that is, content the owner or operator itself creates,
publishes, or exercises editorial control over.
(2)For user-generated content published on a platform
operated by an owner or operator, the user who created or published the content is the primarily
accountable party and retains ownership of the content unless the user has sold the content to the
platform for monetary consideration. The owner or operator is accountable for user-generated content
only to the extent provided in Subchapter C-1. However, if an owner or operator purchases user-generated
content for monetary consideration and subsequently publishes or makes that content publicly accessible
on the owner's or operator's covered system, the owner or operator assumes direct accountability for the
truth and accuracy of that content as though it were first-party content under Subchapters B and C.
(3)Nothing in this chapter shall be construed to impose
liability on an interactive computer service for information provided by another information content
provider, as those terms are defined in 47 U.S.C. Section 230(f), except to the extent the owner or
operator fails to comply with the platform obligations established in Subchapter C-1 or Subchapter C-3.
(c)Internet service providers, hosting services, and
domain registrars are obligated to comply with court orders issued under this chapter requiring
suspension of public access to covered systems.
(d)Both natural persons and legal entities, including
corporations, partnerships, associations, and other legal persons, have property rights in their CIIL
under this chapter and are entitled to the protections and remedies provided herein.
(e)The obligations and protections of this chapter,
including identity verification, correction requests, removal requests, CIIL protections, and
enforcement remedies, apply to owners, operators, users, and all other persons who create, publish, or
interact with content on covered systems, unless a specific provision expressly limits its application.
Sec. 122.004A. EXTRATERRITORIAL APPLICATION; NEXUS REQUIREMENTS.
(a)This chapter applies to covered systems and owners or
operators that serve residents of this state or that create, publish, or disseminate content accessible
to residents of this state, consistent with this state's authority to protect its residents from harms
occurring within this state, without regard to whether the owner or operator is organized under the laws
of or physically located in this state.
(b)For purposes of this chapter, a covered system or
owner or operator has a sufficient nexus with this state if:
(1)the owner or operator derives revenue from users or
advertisers located in this state, directly or through affiliates or intermediaries;
(2)the owner or operator maintains servers, personnel, or
offices in this state; or
(3)the owner or operator specifically directs content,
advertising, or services to residents of this state as a distinct audience or market.
(c)This chapter shall not be construed to:
(1)regulate any transaction, contract, or commercial
practice occurring wholly outside the boundaries of this state and not directed to residents of this
state;
(2)impose obligations on conduct that occurs exclusively
in another state and has no substantial effect on residents of this state beyond the incidental
availability of content on the Internet; or
(3)require an owner or operator to alter its
content-moderation practices or platform architecture for users outside this state on account of
compliance with this chapter, if the owner or operator can implement geolocation-based compliance
targeted to users in this state.
(d)Geolocation Safe Harbor. An owner or operator subject
to this chapter may satisfy its obligations under this chapter by implementing reasonable technological
measures, including geolocation filtering and identity verification targeted to users in this state,
that apply the requirements of this chapter to interactions with users in this state without affecting
the owner's or operator's service to users outside this state. An owner or operator that implements such
measures in good faith shall not be liable under this chapter for content served exclusively to users
located outside this state.
(e)No provision of this chapter shall be construed or
applied in a manner that:
(1)discriminates against out-of-state owners or operators
relative to owners or operators organized under the laws of this state; or
(2)imposes compliance costs on owners or operators serving
residents of this state that are clearly excessive in relation to the state's interest in protecting
residents of this state from the harms identified in this chapter.
Sec. 122.005. IDENTITY VERIFICATION REQUIREMENT.
(a)An owner or operator of a covered system shall require
verified identity for all users who access, interact with, create content on, publish content on,
comment on, or otherwise use the covered system in any manner that involves the creation, publication,
or submission of content, including comments, posts, replies, reviews, uploads, or any other form of
user-generated contribution.
(b)An owner or operator of a covered system shall itself
maintain a verified identity on file with the domain registrar or hosting service through which the
covered system is made accessible, and shall make such verified identity available to the court upon
proper legal process.
(c)Identity verification under this section must
establish the true legal identity of the user through:
(1)government-issued photographic identification;
(2)biometric verification;
(3)notarized affidavit of identity; or
(4)other reliable means as specified by rules adopted by
the Office of Court Administration under this chapter.
(d)An owner or operator shall maintain records of
verified identities for all users for a period of not less than seven years.
(e)A user whose identity has been verified under this
section may:
(1)publish content under their legal name;
(2)publish content under a pseudonym or online handle; or
(3)publish content anonymously for public viewing.
(f)The verified identity of a user shall be disclosed
only:
(1)to a court pursuant to a subpoena, court order, or
other lawful legal process in a proceeding under this chapter or in a related civil or criminal
proceeding;
(2)to law enforcement pursuant to a valid search warrant
or court order;
(3)to the user upon the user's request; or
(4)as otherwise required by law.
(g)An owner or operator that fails to require and
maintain verified identity as required by this section is subject to:
(1)a civil penalty of not less than $1,000 and not more
than $10,000 per violation; and
(2)injunctive relief under Section 122.202.
(h)This section does not require public disclosure of a
user's verified identity and does not prohibit anonymous or pseudonymous publication of content. The
purpose of identity verification under this section is to:
(1)establish each person's property rights in their data,
content, identity, image, and likeness (DCIIL) in the digital environment, so that the person may lay
claim to their DCIIL as their personal property;
(2)enable each person to receive fair compensation when
their DCIIL is used by others with their consent;
(3)enable accountability of all persons for false
statements of fact, fabricated media, and abuse of another person's DCIIL; and
(4)enforce the protections and remedies provided by this
chapter, which cannot function without the ability to identify the persons whose DCIIL is at issue and
the persons who create, publish, or misuse such DCIIL.
(i)Without verified identity linking a person to their
means of producing and publishing content on a covered system:
(1)the person cannot establish ownership of their DCIIL as
personal property under this chapter;
(2)the person cannot receive compensation for the use of
their DCIIL;
(3)the person cannot be held accountable under this
chapter for publishing false content or abusing another person's DCIIL; and
(4)the protections and remedies of this chapter cannot be
effectively enforced.
The identity verification requirement under this section is therefore a necessary
prerequisite for the exercise and protection of property rights in DCIIL, not a restriction on speech.
(j)Identity Verification for Minors.
(1)A minor who seeks to use a covered system must be
verified through the verified identity of the minor's parent or guardian.
(2)The parent or guardian shall:
(A)verify their own identity under Subsection (c);
(B)provide identifying information for the minor,
including the minor's name and date of birth;
(C)attest that they are the minor's parent or guardian
and that they have legal authority to act on behalf of the minor; and
(D)consent to the minor's use of the covered system.
(3)The owner or operator shall flag the minor's account as
a minor account in its internal records.
(4)The verified identity records for a minor shall include
the identity of both the minor and the parent or guardian who verified the account.
(5)The requirements of this subsection are consistent with
and supplemental to the parental consent requirements of the Children's Online Privacy Protection Act
(15 U.S.C. § 6501 et seq.) and the Texas Securing Children Online through Parental Empowerment Act
(Chapter 509, Business and Commerce Code).
(k)Minor Status Notification to Platform.
(1)Upon completion of identity verification under
Subsection (j), the owner or operator shall treat the account as a minor account for all purposes under
this chapter and any other applicable law, including Chapter 509, Business and Commerce Code.
(2)The minor account designation shall remain in effect
until the minor attains the age of 18 and completes independent identity verification under Subsection
(l).
(3)An owner or operator that has designated an account as
a minor account shall apply all protections required by this chapter for minors, including but not
limited to the enhanced protections under Sections 122.064, 122.062(g), and 122.174C.
(l)Transition to Adult Verification.
(1)Upon attaining the age of 18, a user whose account was
designated as a minor account shall complete independent identity verification under Subsection (c) to
continue using the covered system.
(2)Upon successful independent verification, full control
of the user's CIIL rights, account, and all associated property rights under this chapter shall transfer
to the user, and the parent's or guardian's custodial authority under this chapter shall terminate.
(3)Any consent previously given by the parent or guardian
for the use of the individual's CIIL remains in effect until revoked by the individual.
(m)Parental Access and Control.
(1)A parent or guardian who verifies a minor's account
under Subsection (j) shall have the right to:
(A)access and review the minor's account activity,
content, and interactions on the covered system;
(B)submit correction requests and removal requests on
behalf of the minor under Subchapters C, C-1, and C-3;
(C)manage the minor's CIIL rights, including consenting
to or revoking consent for the use of the minor's CIIL;
(D)revoke consent for the minor's use of the covered
system at any time, upon which the owner or operator shall disable the minor's account not later than
five business days after receipt of the revocation; and
(E)request deletion of the minor's account and all
associated data, subject to any data retention requirements under this chapter or other law.
(2)Where both parents have legal rights to manage a
minor's affairs under the laws of this state, including Chapter 153, Family Code, both parents shall
have equal rights under this subsection, unless a court order provides otherwise.
(3)In the event of a dispute between parents regarding the
exercise of rights under this subsection, either parent may petition the appropriate court for
resolution.
Sec. 122.006. FALSE STATEMENTS REGARDING AGE OR MINOR STATUS.
(a)A person commits a violation of this chapter if the
person knowingly makes a false statement regarding age or minor status during the identity verification
process under Section 122.005, including:
(1)representing that a minor is 18 years of age or older;
(2)representing that a person who is 18 years of age or
older is a minor;
(3)representing oneself as a minor's parent or guardian
when the person does not have legal authority over the minor; or
(4)providing false identification documents or information
for the purpose of circumventing the age or identity verification requirements of this chapter.
(b)A violation of Subsection (a)(1) or (a)(4) by an adult
for the purpose of accessing, communicating with, or obtaining the CIIL of a minor is subject to:
(1)enhanced civil penalties of not less than $10,000 and
not more than $50,000 per violation;
(2)referral to law enforcement for criminal investigation;
and
(3)immediate and permanent suspension of the violator's
accounts on all covered systems, upon court order.
(c)A violation of Subsection (a)(3) — falsely
representing parental authority — is subject to:
(1)civil penalties of not less than $5,000 and not more
than $25,000 per violation;
(2)referral to law enforcement if the false representation
was made with intent to harm, exploit, or gain access to the minor; and
(3)any other remedies available under this chapter and
applicable law.
(d)A parent or guardian who knowingly provides false
information to circumvent the minor protections of this chapter, including falsely representing a minor
as an adult to avoid parental verification requirements, is subject to:
(1)civil penalties of not less than $1,000 and not more
than $10,000 per violation; and
(2)potential investigation by the Department of Family and
Protective Services if the conduct constitutes a risk to the minor's safety or welfare.
(e)A minor who provides false age information to access a
covered system is not subject to civil penalties under this chapter, but the minor's parent or guardian
shall be notified by the owner or operator, and the minor's access to the covered system shall be
suspended until proper verification is completed under Section 122.005(j).
(f)This section does not create criminal penalties but
provides for civil remedies and law enforcement referral. Nothing in this section limits criminal
prosecution under applicable federal or state law for identity fraud, false statements, or offenses
related to the exploitation of minors.
ARTICLE 2. TRUTH AND IDENTITY REQUIREMENTS
SUBCHAPTER B. CONTENT ACCURACY AND OPINION DEFENSE
Sec. 122.051. DUTY OF ACCURACY.
(a)An owner or operator shall exercise reasonable
diligence to ensure that factual statements published on the covered system constitute true statements
as defined by Section 122.003(21).
(b)"Reasonable diligence" under this section means the
exercise of care that a reasonably prudent entity would undertake under the circumstances to verify the
accuracy of factual statements before publication through competent evidence of truth, including:
(1)consulting authoritative and reliable sources;
(2)seeking corroboration of factual claims from multiple
independent sources where practicable;
(3)employing qualified personnel or editorial processes to
review content for accuracy;
(4)verifying that images, videos, and audio recordings
have not been edited, manipulated, or generated by artificial intelligence in a manner that
misrepresents reality; and
(5)promptly correcting factual statements that are
subsequently determined to be inaccurate.
(c)An owner or operator is not in violation of this
section if the owner or operator:
(1)exercised reasonable diligence before publication and
promptly corrects any inaccuracy upon discovery; or
(2)publishes content that constitutes opinion as
determined under Section 122.052, which serves as a defense to any claim of false statement of fact
under this chapter.
(d)This section applies with particular force to owners,
operators, and users who are persons of public prominence, influencers, or entities with substantial
reach or impact on public discourse, who bear heightened responsibility for the accuracy of factual
statements they publish.
Sec. 122.052. DETERMINATION OF OPINION.
(a)This section establishes how content is determined to
constitute opinion, theory, assumption, or interpretation for purposes of the affirmative defense under
Section 122.205 and for the resolution of correction requests, removal requests, and court proceedings
under this chapter. Nothing in this section requires an owner, operator, or user to proactively label or
mark content as opinion or fact prior to or at the time of publication.
(b)In determining whether content constitutes opinion
rather than a factual statement, the court or reviewing party shall consider the totality of the
circumstances, including but not limited to:
(1)the specific language and wording of the content,
including whether the content contains language such as "OPINION," "EDITORIAL," "COMMENTARY," "THEORY,"
"ASSUMPTION," "INTERPRETATION," or similar labels;
(2)whether the content appears in a section of the covered
system designated for opinion or commentary;
(3)whether the content includes language signaling
opinion, such as "I believe," "In my opinion," "I think," "It seems to me," "I assume," or similar
commonly understood expressions of subjective belief, whether in written text, spoken word, captions, or
any other format; and
(4)any other contextual indicator that would cause a
reasonable person to understand that the content expresses subjective opinion rather than asserting
objective fact, including the medium, forum, and manner of publication.
(c)A person sharing their subjective beliefs,
interpretations, assumptions, or value judgments is truthfully stating what they believe or assume, and
such statements constitute protected opinion, not false statements of fact. Whether a statement
constitutes opinion is determined by the totality of the circumstances, including the language and
wording of the statement, the context in which it was made, the medium and forum of publication, and
whether the statement is capable of being proven true or false through competent evidence of truth.
(d)A statement that is not capable of being objectively
verified as true or false through competent evidence of truth is not subject to the accuracy
requirements of this chapter and is presumptively opinion.
(e)Content that is obviously satirical, parodic, or
constitutes social commentary, political opinion, or artistic expression is presumptively protected
opinion.
(f)The requirements of this section are not intended to
impose an unreasonable burden on users who post comments, replies, or other informal user-generated
content. For user-generated content, including comments and replies, the determination of whether
content constitutes opinion or a factual statement is relevant only in the context of a correction
request, removal request, or court proceeding under this chapter.
Sec. 122.053. PROACTIVE CONTENT MANAGEMENT.
(a)An owner or operator shall establish and maintain
reasonable procedures and practices to proactively manage the content of its covered system to ensure
compliance with Section 122.051.
(b)Reasonable procedures and practices under this section
include:
(1)periodic review and audit of published content for
accuracy;
(2)designation of one or more qualified persons
responsible for content accuracy oversight;
(3)adoption of a written content accuracy policy that is
made publicly available;
(4)implementation of technology tools, where reasonably
available and economically feasible, to detect potentially inaccurate content, including AI-generated or
AI-edited images, videos, and audio;
(5)provision of a correction or removal mechanism that
allows users and visitors to inform the owner or operator that information is incorrect, that CIIL is
being used without authorization, or to submit competent evidence of truth for the owner or operator to
use in correcting content appropriately; and
(6)maintenance of verified identity records for all users
in compliance with Section 122.005.
(c)An owner or operator shall maintain records of its
content management activities under this section for a period of not less than three years.
Sec. 122.054. PROTECTION OF IDENTITY—FABRICATED MEDIA.
(a)An owner, operator, or user may not publish or permit
to remain published on a covered system fabricated media containing the CIIL of another person or entity
without the consent of the person or entity whose CIIL is depicted.
(b)Notwithstanding Subsection (a), an owner, operator, or
user who publishes fabricated media containing the CIIL of another person or entity without consent is
subject to the following:
(1)Upon receipt of a request from the depicted person or
entity that fabricated media containing their CIIL be removed, the owner, operator, or user shall remove
or disable public access to the fabricated media, or edit the content to remove the depicted person's or
entity's CIIL, within five business days of receipt of the request.
(2)If the depicted person or entity does not request
removal, no action is required under this subsection. However, the owner, operator, or user remains
subject to civil liability under Subchapter E if the fabricated media contains false statements of fact
about the depicted person or entity.
(c)Fabricated media that constitutes sexually explicit
likeness material may not be published on any covered system without the express written consent of the
depicted person. Sexually explicit fabricated media is governed exclusively by Subchapter C-3, and no
exception under this section applies to sexually explicit fabricated media.
(d)This section does not apply to:
(1)content that constitutes parody, satire, or caricature
and is clearly identifiable as such by a reasonable person considering the totality of the
circumstances, including contextual cues within the content itself; or
(2)content published for legitimate law enforcement,
national security, or public safety purposes.
(e)The obligations of this section apply equally to
owners, operators, and users.
Sec. 122.055. AI-GENERATED OR FABRICATED MEDIA—PRESUMPTION OF FALSITY.
(a)Content that portrays events, actions, statements,
voices, appearances, or characteristics of real persons, entities, places, or things that a reasonable
person would conclude did not actually occur or exist as portrayed, as demonstrated by competent
evidence of truth showing the absence of corresponding real-world persons, places, things, or events, or
showing alteration or fabrication of images, videos, or audio, is presumptively a false statement of
fact.
(b)Examples include, but are not limited to:
(1)AI-generated or AI-edited videos or images depicting
events that have no corresponding original, unaltered media evidence;
(2)fabricated witness testimony contradicted by competent
evidence of truth;
(3)synthetic audio of statements a person did not make,
absent original recordings;
(4)images or videos edited by AI to alter the appearance,
actions, or statements of a person or entity;
(5)deep-fake videos or audio that falsely depict a person
saying or doing something they did not say or do; or
(6)AI-generated text falsely attributed to a specific
person or entity.
(c)The presumption under Subsection (a) may be rebutted
only by competent evidence of truth demonstrating the portrayed reality actually occurred or exists as
depicted.
(d)Original, unaltered photographs, videos, and audio
recordings shall be given substantially greater weight than AI-generated or AI-edited versions when
determining what actually occurred or exists.
Sec. 122.056. PERSONAL OR PRIVATE IMAGE REMOVAL.
(a)An owner, operator, or user may not publish or permit
to remain published a personal or private image of a person without that person's authorization.
(b)Upon receipt of a request from the depicted person,
the owner, operator, or user shall remove or disable access to the personal or private image within 15
business days.
(c)This section does not apply to:
(1)bona fide news reporting of matters of public concern;
(2)lawful public-event photography where the depicted
person has no reasonable expectation of privacy;
(3)images of public officials or elected officers
performing official duties in their official capacity, provided that images of public officials or
elected officers in their personal, private, or family life are not excepted and remain subject to the
protections of this section;
(4)documentary, educational, or historical content where
the public interest in the content outweighs the privacy interest; or
(5)other content protected by the First Amendment to the
United States Constitution or Article I, Section 8 of the Texas Constitution.
(d)Sexually explicit likeness material is governed
exclusively by Subchapter C-3, and the timelines and remedies under Subchapter C-3 apply.
(e)The obligations of this section apply equally to
owners, operators, and users.
Sec. 122.057. PARTIAL REMOVAL OR EDITING OF CONTENT.
(a)When this chapter requires an owner, operator, or user
to remove or disable public access to content that depicts or identifies a particular person, compliance
may be achieved, at the election of the owner, operator, or user and subject to any applicable court
order, by:
(1)editing or redacting the content so that the requesting
person is no longer depicted or identifiable; or
(2)removing or disabling public access to the content in
its entirety.
(b)An edit or redaction under Subsection (a)(1) must
remove all depictions and identifying references to the requesting person from the content that remains
publicly accessible.
(c)Nothing in this section limits the right of a court to
order full removal of content where partial editing would be insufficient to prevent ongoing harm.
SUBCHAPTER B-1. CONTENT, IDENTITY, IMAGE, AND LIKENESS AS PERSONAL PROPERTY
Sec. 122.061. PROPERTY RIGHTS IN CONTENT, IDENTITY, IMAGE, AND LIKENESS (CIIL).
(a)A natural person's content, identity, image, and
likeness constitute that person's personal property for purposes of this chapter when used on
Internet-accessible systems and in public media accessible in this state. This includes content created
by the person and published on any covered system, the person's identity, the person's image and
likeness, and any combination thereof.
(b)A legal entity's content, identity, image, and
likeness, including its name, logo, trademark, trade dress, website, server content, and other
identifying characteristics, constitute that entity's property for purposes of this chapter when used on
Internet-accessible systems and in public media accessible in this state.
(c)An entity may not use a person's or legal entity's
CIIL on a covered system for commercial advantage, advertising, promotion, or monetization unless:
(1)the entity obtains the person's or legal entity's
express written consent describing the intended use; and
(2)the entity provides direct monetary payment to the
person or legal entity, not in the form of store credit, discounts, or other in-kind consideration, in
the amount and on the terms disclosed to and accepted by the person or legal entity.
(d)Consent under Subsection (c) is revocable at will by
the person or legal entity, and revocation terminates the right to any further use of the person's or
legal entity's CIIL under this chapter, subject to any court order entered under Subchapter E.
(e)A person or legal entity who publishes their own CIIL
on a covered system they own or operate retains all property rights in such CIIL. The person's or legal
entity's publication of their own CIIL on one covered system does not:
(1)grant any property right or license to any other owner
or operator of a different covered system;
(2)constitute consent to the use of the person's or legal
entity's CIIL by any other entity; or
(3)diminish the person's or legal entity's right to
require removal of their CIIL from covered systems owned or operated by others.
(f)This section does not apply to:
(1)bona fide news reporting, documentary, educational, or
historical uses of a person's or legal entity's CIIL concerning matters of public concern; or
(2)uses otherwise protected by the First Amendment to the
United States Constitution or Article I, Section 8, Texas Constitution.
Sec. 122.064. DCIIL RIGHTS OF MINORS — PARENTAL CUSTODIANSHIP.
(a)A minor has the same property rights in their DCIIL as
any natural person under this chapter, including the minor's data, content, identity, image, likeness,
local device content, and any other property interests recognized under Subchapter B-1. The minor's
DCIIL is the minor's personal property.
(b)Until a minor attains the age of 18, the minor's
parent or guardian shall serve as the minor's DCIIL custodian, with authority to:
(1)exercise all rights under Sections 122.061, 122.062,
122.063, 122.063A, 122.063B, 122.063C, 122.065, 122.066, 122.066A, 122.066B, 122.066C, and Subchapter
C-3 on behalf of the minor;
(2)consent to or withhold consent for the use of the
minor's DCIIL by any entity, including content access consent under Section 122.066A;
(3)revoke any consent previously given for the use of the
minor's DCIIL;
(4)file correction requests and removal requests on behalf
of the minor; and
(5)initiate civil actions under Subchapter E on behalf of
the minor.
(c)Where both parents have legal rights to manage a
minor's affairs under the laws of this state, either parent may exercise the rights described in
Subsection (b), unless a court order provides otherwise. In the event of a dispute between parents
regarding the exercise of rights under this section, either parent may petition the appropriate court
for resolution.
(d)No entity may obtain consent for the use of a minor's
DCIIL directly from the minor. Consent for the use of a minor's DCIIL, including content access consent
under Section 122.066A, must be obtained from the minor's parent or guardian.
(e)Upon attaining the age of 18, the individual assumes
full control and authority over their DCIIL, and the parental custodianship under this section
terminates. Any consent previously given by the parent or guardian for the use of the individual's DCIIL
remains in effect until revoked by the individual.
(f)A minor's DCIIL may not be sold, licensed, or
transferred by a parent, guardian, or any other person. The prohibition in this subsection is absolute
and may not be waived by contract, agreement, or any other means.
(g)The fundamental right of parents to direct the
upbringing, care, and custody of their children, as recognized by the Supreme Court of the United States
in Troxel v. Granville, 530 U.S. 57 (2000), includes the right to manage and protect the minor's DCIIL
in the digital environment.
Sec. 122.065. PERSONAL DATA AS DIGITAL EFFECTS.
(a)For purposes of this chapter, personal data that can
reasonably be linked to an identified or identifiable natural person, including behavioral and
interaction data generated by the person's use of Internet-accessible systems, is treated as part of
that person's digital effects, analogous to the person's property rights in their content, identity,
image, and likeness (CIIL).
(b)Personal data may not be collected, monetized, or
otherwise used for commercial advantage by an owner, operator, or other entity without the person's
express consent and fair compensation as provided by Section 122.062.
Sec. 122.066. LOCAL DEVICE CONTENT AS PERSONAL PROPERTY.
(a)A natural person's local device content is that
person's personal property at the moment of its creation, whether or not the person ever connects to the
Internet, transmits the content to a covered system, or grants any other entity access to it.
(b)Local device content does not lose its status as
personal property under this chapter solely because the person subsequently:
(1)uploads, saves, syncs, or backs up the content to a
storage or hosting entity;
(2)processes the content using an artificial intelligence
tool, application, or service; or
(3)accesses or edits the content through a covered system
or a storage or hosting entity's software.
(c)Transmission of local device content to a storage or
hosting entity for the purpose of storage, processing, editing, or access constitutes a bailment of the
person's property, not a transfer of ownership, and does not by itself grant the storage or hosting
entity any license, ownership interest, or right of use in the content except as expressly authorized
under Section 122.066A.
(d)Nothing in this section is intended to alter,
diminish, or duplicate rights already existing under federal copyright law, 17 U.S.C. Section 101 et
seq. This section addresses the property and access rights of the person in relation to storage or
hosting entities and the government, and operates independently of and in addition to any rights the
person holds as an author under federal copyright law.
Sec. 122.066A. STORAGE OR HOSTING ENTITY ACCESS; CONTENT ACCESS CONSENT REQUIRED.
(a)A storage or hosting entity may not access, review,
analyze, use, disclose, or permit any other person to access a natural person's DCIIL or local device
content stored, processed, or transmitted through the entity's systems, except:
(1)to the minimum extent strictly necessary to provide the
specific storage, processing, editing, transmission, or other service that the person has actively
requested during that person's own use of the service; or
(2)as authorized by the person's content access consent
under Subsection (b).
(b)Content Access Consent Required. A storage or hosting
entity that seeks to access, analyze, use, retain, or leverage a person's DCIIL or local device content
for any purpose beyond the person's own requested use described in Subsection (a)(1), including for
training artificial intelligence models, building a reference library or knowledge base, providing
outputs or work product to other users, or any other commercial or internal purpose of the entity, must
first obtain the person's content access consent as follows:
(1)the consent request must be presented as a clear,
standalone, affirmative election separate and distinct from the entity's general terms of service or
terms of use, and may not be satisfied by a pre-checked box, bundled acceptance, or continued use of the
service;
(2)the consent request must specifically and plainly
describe: (A) the categories of DCIIL or local device content the entity seeks to access; (B) the
specific purposes for which the entity seeks to use that content, including whether it will be used to
train artificial intelligence models, build reference or training data sets, or be made available to
other users; and (C) whether and how the person will be compensated for such use;
(3)the person must affirmatively opt in before any such
access, use, or disclosure may occur; a person's refusal or failure to opt in is a denial of consent;
and
(4)a storage or hosting entity shall re-present the
consent election described by this subsection to the person: (A) not less than once every 12 months; and
(B) whenever the entity materially changes the manner in which it accesses, processes, or uses the
person's DCIIL or local device content, including any material change to the purposes disclosed under
Subdivision (2).
(c)Applicability to Existing Accounts. The requirements
of this section apply to all users of a storage or hosting entity's services, including users who
created an account or began using the service before the effective date of this section. A storage or
hosting entity shall present the content access consent election required by Subsection (b) to all
existing users not later than the 180th day after the effective date of this section, and may not
continue any access, use, or disclosure described by Subsection (b) beyond that date absent the person's
affirmative opt-in.
(d)Denial of Consent. If a person does not grant content
access consent under Subsection (b), the storage or hosting entity:
(1)may continue to store, transmit, and process the
person's DCIIL and local device content solely to the extent necessary to provide the storage,
processing, or other service the person has actively requested; and
(2)may not access, analyze, retain beyond the period
necessary to provide the requested service, use, disclose, or leverage that content for the entity's own
purposes, for training artificial intelligence models, for building a reference or knowledge library, or
for provision to other users, in whole or in part.
(e)Compensation for Authorized Use. If a person grants
content access consent under Subsection (b) authorizing a storage or hosting entity to use the person's
DCIIL or local device content for training artificial intelligence models, building a reference library,
or providing work product to other users:
(1)the entity must offer compensation to the person at a
rate agreed to by the person for such use, consistent with the compensation requirements of Section
122.061(c) and Section 122.062(b);
(2)the person may waive the right to be paid a fee for
such use; and
(3)if the entity provides an output or work product
derived from the person's DCIIL or local device content to another user, the entity must attribute
ownership and provide appropriate citation or credit to the person whose content was used, in a manner
reasonably calculated to inform the recipient of the source of the content.
(f)Session-Derived Work Product as Property. Any
session-derived work product created through the processing of a person's DCIIL or local device content
during that person's own active use of a storage or hosting entity's artificial intelligence service,
including any artificial intelligence agent, instance, or model refinement trained or built using that
person's DCIIL or local device content within that person's session or account, is the personal property
of that person to the same extent as the underlying DCIIL or local device content, and may not be used
by the storage or hosting entity for any purpose other than that person's own use without content access
consent under Subsection (b).
(g)Practical Use Not Restricted. Nothing in this section
restricts a storage or hosting entity's ability to use a person's DCIIL or local device content to
perform the specific task, analysis, editing, generation, or other function that the person has actively
requested during the person's own use of the service, including the use of artificial intelligence tools
to analyze, summarize, or generate work from that person's own content for that person's own benefit
within that session or account.
(h)An entity that violates this section is subject to the
remedies under Subchapter E, including the civil action described by Section 122.207.
Sec. 122.066B. DATA SECURITY SAFEGUARDS FOR STORED PROPERTY.
(a)A storage or hosting entity shall implement and
maintain reasonable administrative, technical, and physical safeguards, including encryption in transit
and at rest, access controls, and audit logging, appropriate to the nature and sensitivity of the DCIIL
and local device content it stores, sufficient to prevent access to that content by any other entity,
third party, or unauthorized person absent the property owner's content access consent under Section
122.066A or valid legal process described by Section 122.066C.
(b)This section supplements and does not replace the data
security and breach notification requirements of Chapter 521, Business and Commerce Code, and any other
applicable state or federal data security law.
(c)An entity that fails to implement reasonable
safeguards as required by this section is subject to the remedies under Subchapter E.
Sec. 122.066C. GOVERNMENT ACCESS TO STORED PROPERTY; WARRANT REQUIRED.
(a)Because DCIIL and local device content are the
personal property of the natural person under this chapter, a governmental entity may not compel a
storage or hosting entity, covered system, or other person to disclose a natural person's DCIIL or local
device content, in whole or in part, for any investigative, civil, criminal, administrative, or other
purpose, without a warrant issued by a judge of competent jurisdiction upon a showing of probable cause,
consistent with the Fourth Amendment to the United States Constitution, Article I, Section 9, Texas
Constitution, the Stored Communications Act (18 U.S.C. Section 2701 et seq.), and Article 18B.351, Code
of Criminal Procedure.
(b)The warrant requirement described by Subsection (a)
applies regardless of whether the governmental entity seeks the content in connection with a criminal
investigation, a civil action, an administrative proceeding, or any other matter, and regardless of
whether the content is sought directly from the person or from a storage or hosting entity, covered
system, or other third party in possession of the content.
(c)This section does not create any new warrant standard
or procedure but confirms that the property status of DCIIL and local device content established by this
chapter does not diminish, and instead reinforces, the warrant protections already provided under
Article 18B.351, Code of Criminal Procedure, and the Stored Communications Act, and does not narrow the
constitutional protections recognized in Carpenter v. United States, 585 U.S. 296 (2018).
(d)Nothing in this section limits the applicability of
the federal Clarifying Lawful Overseas Use of Data Act (CLOUD Act), 18 U.S.C. Section 2713, to the
extent that Act governs a foreign or domestic governmental entity's access to data held by a provider
subject to United States jurisdiction, or otherwise conflicts with, preempts, or requires a result
inconsistent with federal law.
(e)A storage or hosting entity or covered system that
receives a request or demand for a person's DCIIL or local device content from a governmental entity
without a warrant meeting the requirements of Subsection (a) shall decline to produce the content and
may notify the affected person of the request unless prohibited from doing so by law.
Sec. 122.062. DEFAULT PROHIBITION ON PERSONAL DATA COLLECTION.
(a)The default rule for all owners or operators of
covered systems, Internet service providers, hosting services, and other entities that control Internet
access for residents of this state is that they may not collect personal data regarding any natural
person using or accessing their services.
(b)An entity may collect personal data about a person
only if, before any collection occurs:
(1)the entity provides to the person a written disclosure
that: (A) specifically describes each category of personal data to be collected; (B) states the monetary
amount the entity is willing to pay the person for each discrete instance or category of collection; and
(C) states the purposes for which the data will be used and any categories of third parties to whom it
will be disclosed; and
(2)the person provides express written consent that
affirmatively accepts the disclosure and price terms.
(c)Payment under this section must be made directly to
the person in money or immediately redeemable funds and may not be satisfied by credits, discounts, or
other in-kind consideration.
(d)A person may revoke consent provided under this
section at any time by written notice, and the entity shall cease all further personal data collection
regarding that person not later than 10 business days after receipt of the revocation.
(e)This section does not apply to:
(1)transaction data necessary to complete a specific
transaction requested by the person;
(2)information necessary to verify the identity of a
person as required by Section 122.005 or other law;
(3)information necessary to comply with legal obligations,
including tax reporting, law enforcement requests, or court orders;
(4)information necessary to provide the core functionality
of a service that the person has expressly requested; or
(5)aggregated or de-identified data that cannot reasonably
be linked to an identified or identifiable natural person.
(f)An entity that collects personal data without
complying with this section is in violation of this chapter and subject to the remedies in Subchapter E.
(g)Personal Data Collection from Minors.
(1)An entity may not collect personal data from a minor
without the express written consent of the minor's parent or guardian, obtained in a manner consistent
with the requirements of the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.) and
Chapter 509, Business and Commerce Code.
(2)The consent required under this subsection is in
addition to, and not a substitute for, any consent required under federal law, including the Children's
Online Privacy Protection Act, or state law, including the Texas Securing Children Online through
Parental Empowerment Act.
(3)A minor may not independently consent to the collection
of personal data under this chapter.
(4)The disclosure, compensation, and revocation provisions
of this section apply to the parent or guardian acting on behalf of the minor.
(5)An entity that collects personal data from a minor
without parental consent as required by this subsection is in violation of this chapter and subject to
enhanced civil penalties of not less than $5,000 and not more than $25,000 per violation, in addition to
any penalties under federal or state law.
Sec. 122.063. GENERAL CIIL REMOVAL RIGHT.
(a)Except as provided by Subsection (d), upon receipt of
a written request from a Texas resident or legal entity whose CIIL appears in content published on a
covered system, an owner, operator, or user who published or controls the content shall, not later than
the 30th day after the date of receipt:
(1)remove or disable public access to the content; or
(2)comply in the manner described by Section
122.057(a)(1).
(b)A request under this section must identify the
specific content at issue by link or other locator and include sufficient information to permit the
owner, operator, or user to confirm that the requester is the person or entity whose CIIL appears in the
content.
(c)For content that also qualifies as personal or private
image under Section 122.056, or sexually explicit likeness material under Subchapter C-3, the shorter
timelines in those provisions control.
(d)This section does not apply to:
(1)bona fide news reporting of matters of public concern;
(2)images of public officials or public figures performing
official duties or engaged in matters of legitimate public concern, provided that images of public
officials or public figures in their personal, private, or family life are not excepted and remain
subject to the protections of this section;
(3)lawful public-event photography where the depicted
person has no reasonable expectation of privacy;
(4)documentary, educational, or historical content where
the public interest clearly and substantially outweighs the requester's privacy interest; or
(5)other content clearly protected by the First Amendment
to the United States Constitution or Article I, Section 8, Texas Constitution.
(e)The burden of establishing an exception under
Subsection (d) rests with the owner, operator, or user who published or controls the content.
Sec. 122.063A. OWNERSHIP AND LIMITED-TERM TRANSFER OF DCIIL.
(a)A natural person’s DCIIL is and remains the sole
personal property of that person at all times, subject only to an express written transfer or license of
specified rights in that DCIIL to an entity under this section.
(b)An entity may not claim, obtain, or enforce any
ownership, license, or other proprietary interest in a person’s DCIIL except under a written agreement
that:
(1)identifies with reasonable particularity the categories
of DCIIL covered;
(2)states the consideration provided to the person for the
transfer or license; and
(3)states the commencement date and expiration date of the
transfer or license term.
(c)Any transfer or license of rights in a person’s DCIIL
to an entity under this section:
(1)may not have a term longer than two years from the
effective date of the agreement; and
(2)is void and unenforceable as to any purported term
exceeding two years.
(d)Unless renewed by a new written agreement executed
before the end of the two-year term, all transferred or licensed rights in the person’s DCIIL
automatically expire at the end of that term, and the entity’s continued storage or use of the DCIIL
after that date is subject to the deletion obligations in Section 122.063B.
(e)This section does not limit a person’s right to
request removal or deletion of their DCIIL at any earlier time under this chapter.
Sec. 122.063B. DELETION OF DCIIL UPON REQUEST.
(a)If any content or data stored on an entity’s servers,
systems, or controlled infrastructure contains the DCIIL of an identified natural person, that person
may submit a deletion request to the entity requiring permanent removal of all DCIIL relating to that
person held by the entity, subject to Subsection (e).
(b)On receipt of a deletion request under Subsection (a),
the entity shall permanently delete and remove from all production and backup systems under its
ownership, custody, or control all DCIIL of that person not later than the 30th day after the date the
request is received. No contractual term, internal policy, or other agreement may extend this period.
(c)An entity may not condition compliance with Subsection
(b) on any fee, additional consideration, or waiver of rights by the requesting person, except that the
entity may use reasonable procedures to verify the identity of the requester.
(d)An entity that receives a deletion request under this
section shall, not later than the 30th day after receipt, provide written or electronic confirmation to
the requester stating that:
(1)the request was received; and
(2)all DCIIL relating to that person has been permanently
deleted from all systems under the entity’s ownership, custody, or control, or specifically identifying
any DCIIL retained under Subsection (e) and the legal basis for retention.
(e)This section does not require deletion of DCIIL to the
extent its retention is strictly necessary to comply with:
(1)a valid court order or other binding legal process; or
(2)an explicit statutory or regulatory recordkeeping
obligation.
(f)An entity that relies on Subsection (e) shall delete
the retained DCIIL not later than the 30th day after the expiration of the legal requirement justifying
retention.
Sec. 122.063C. END-OF-TERM OBLIGATIONS AND RETURN OR DELETION OF DCIIL.
(a)Not later than the 60th day before the expiration of
any agreement under Section 122.063A transferring or licensing rights in a person’s DCIIL, the entity
shall make a good-faith effort to contact the person at the last known contact information on file to:
(1)notify the person of the upcoming expiration date;
(2)state that, absent a new written agreement, all rights
previously transferred or licensed will expire at the end of the two-year term; and
(3)inform the person of their options to:
(A)enter into a new written agreement for continued use
of the DCIIL, subject to the maximum two-year term;
(B)request a copy or return of their DCIIL in a
commercially reasonable, machine-readable format, if technically feasible; or
(C)allow or require deletion of all DCIIL held by the
entity.
(b)If, within 30 days after the expiration of the
two-year term, no new written agreement under Section 122.063A is executed and the person has not
requested return of their DCIIL, the entity shall permanently delete and remove all DCIIL relating to
that person from all systems under the entity’s ownership, custody, or control not later than the 30th
day after the end of that 30-day post-term period.
(c)A person who wishes to obtain a copy or return of
their DCIIL before deletion under Subsection (b) must contact the entity and make that request within
the 30-day period following expiration of the two-year term. The entity shall provide the requested
DCIIL within 30 days after receiving the request, and may then proceed to delete its remaining copies
consistent with this section.
(d)Nothing in this section limits a person’s right to
submit a deletion request at any time under Section 122.063B, including during the term of an agreement.
(e)An entity’s duty to contact the person under
Subsection (a) is independent of any action by the person. The entity’s failure to comply with this
section constitutes a separate violation for each person whose DCIIL is retained or used beyond the time
permitted by this chapter.
(f)Right to Retrieval Independent of Deletion or Term
Expiration. At any time, independent of a deletion request under Section 122.063B or the expiration of a
transfer or license term under this section, a person may request that an entity holding their DCIIL or
local device content provide a complete copy of that content in a commercially reasonable,
machine-readable, and portable format. The entity shall provide the requested copy not later than the
30th day after receipt of the request, and may not condition production on any fee, waiver of rights, or
additional consideration beyond reasonable identity verification.
ARTICLE 3. CORRECTION AND REMOVAL REQUEST PROCESS—FIRST-PARTY CONTENT
SUBCHAPTER C. CORRECTION AND REMOVAL REQUESTS FOR FIRST-PARTY CONTENT
Sec. 122.101. CORRECTION OR REMOVAL MECHANISM.
(a)An owner or operator shall provide a publicly
accessible correction or removal mechanism on its covered system through which any person may submit a
correction request regarding false content or a removal request regarding unauthorized use of CIIL in
first-party content.
(b)The correction or removal mechanism shall:
(1)be clearly and conspicuously accessible on each
publicly accessible page of the covered system that contains content, by means of a visible link,
button, icon, or other interface element that, when activated, opens or directs the user to the
submission form and automatically associates the specific page or content with the submission, and may
additionally be accessible from a dedicated page linked from the homepage;
(2)allow a person to submit a correction request or
removal request in writing through an electronic form, electronic mail, or other reasonable electronic
means;
(3)require the person submitting the request to provide:
(A) the specific content at issue, which may be automatically populated by the system when the mechanism
on a specific page is activated, or may be provided manually by direct link or sufficient identifying
information to locate the content; (B) a clear statement explaining why the content is believed to
contain a false statement of fact or to contain unauthorized use of the person's CIIL; (C)
identification of competent evidence of truth that demonstrates the reality of what actually occurred
with respect to the persons, places, things, or events described in the content, or identification
sufficient to demonstrate that the person's CIIL is being used without authorization; and (D) the
person's contact information for purposes of communication regarding the request; and
(4)provide an automated acknowledgment of receipt of the
request to the person who submitted it.
Sec. 122.102. RESPONSE TO CORRECTION OR REMOVAL REQUEST.
(a)Upon receipt of a correction request or removal
request regarding first-party content, an owner or operator shall:
(1)acknowledge receipt of the request not later than five
business days after the date of receipt;
(2)conduct a good-faith investigation of the claims made
in the request, reviewing the competent evidence of truth submitted; and
(3)provide a written response to the person who submitted
the request not later than the 30th business day after the date of receipt.
(b)The written response under Subsection (a)(3) must:
(1)state whether the owner or operator has determined the
content at issue to contain a false statement of fact or unauthorized use of the person's CIIL;
(2)if the owner or operator determines the content
contains a false statement of fact, describe the corrective action the owner or operator has taken or
will take and the timeline for that action;
(3)if the request is for removal of CIIL, state whether
the owner or operator will comply with the removal request and the timeline for removal; and
(4)if the owner or operator determines the content does
not contain a false statement of fact and does not constitute unauthorized use of CIIL, provide a
reasoned explanation of the basis for that determination, including reference to the competent evidence
of truth reviewed.
Sec. 122.103. CORRECTIVE ACTION FOR FIRST-PARTY CONTENT.
(a)If an owner or operator determines, whether through a
correction request, removal request, or through its own content management processes, that first-party
content on its covered system contains a false statement of fact, the owner or operator shall, not later
than the 15th business day after the determination:
(1)remove or correct the false content;
(2)publish a correction notice in immediate proximity to
the corrected content, or in place of the removed content, that: (A) identifies the original false
statement; (B) provides the corrected information, specifically identifying the competent evidence of
truth that establishes the reality of persons, places, things, and events; and (C) references the
admissible evidence supporting the correction; and
(3)make a reasonable attempt to notify any person or
entity that has cited, shared, or linked to the false content, to the extent that such persons or
entities are reasonably identifiable through standard web analytics or publicly available information.
(b)An owner or operator shall maintain a publicly
accessible archive or log of corrections made under this section for a period of not less than three
years.
Sec. 122.104. GOOD FAITH SAFE HARBOR FOR FIRST-PARTY CONTENT.
(a)An owner or operator that establishes and maintains
the correction or removal mechanism required by this subchapter and that responds to correction requests
and removal requests in good faith and in substantial compliance with this subchapter is not liable for
civil enforcement under Subchapter E for the first-party content at issue, provided the owner or
operator takes timely corrective action upon determining that the content contains a false statement of
fact or unauthorized use of CIIL.
(b)Good faith under this section requires, at a minimum:
(1)acknowledging and investigating each correction request
and removal request in compliance with Section 122.102;
(2)acting on the merits of the request without regard to
the identity or status of the person submitting the request; and
(3)taking corrective action promptly upon determining the
content contains a false statement of fact or unauthorized use of CIIL.
ARTICLE 4. USER-GENERATED CONTENT—PLATFORM OBLIGATIONS AND USER ACCOUNTABILITY
SUBCHAPTER C-1. USER-GENERATED CONTENT ON PLATFORMS
Sec. 122.121. DEFINITIONS FOR SUBCHAPTER.
In this subchapter:
(1)"Platform" means a covered system operated by an owner
or operator that permits users to create, upload, post, or share user-generated content that is
accessible to other users or the public.
(2)"User" has the meaning assigned by Section 122.003(23).
(3)"User-generated content" means content created,
uploaded, posted, or shared by a user on a platform, over which the owner or operator of the platform
does not exercise direct editorial control prior to publication. The user retains ownership of
user-generated content unless the user sells the content to the platform or another entity for monetary
consideration pursuant to a written agreement.
(4)"Correction or removal request" means a written notice
submitted by a user or other person to a platform or to the user who published the content, alleging
that specific user-generated content contains a false statement of fact, constitutes an abuse of a
person's CIIL, or requests the removal of the person's CIIL from the content.
(5)"Responding user" means the user who created or
published the user-generated content that is the subject of a correction or removal request.
Sec. 122.122. USER ACCOUNTABILITY AND CONTENT OWNERSHIP.
(a)A user who creates or publishes user-generated content
on a platform is the primarily accountable party for the truth and accuracy of that content.
(b)A user retains ownership of user-generated content
unless the user sells the content to the platform or another entity for monetary consideration pursuant
to a written agreement specifying the transfer of ownership.
(c)If a user sells content to a platform or other entity
for monetary consideration:
(1)the purchasing entity assumes direct accountability for
the truth and accuracy of the textual and substantive content as though it were first-party content;
(2)the identity, image, and likeness components of the
CIIL remain the personal property of the original creator and are subject to the original creator's
right to request removal of their identity, image, and likeness from public access at any time,
notwithstanding the sale of the textual content; and
(3)a person's identity, image, and likeness are of greater
significance than textual content they create and sell, and therefore the right of a person to control
their identity, image, and likeness may not be permanently waived by the sale of content.
(d)A user who publishes user-generated content containing
a false statement of fact is subject to:
(1)a civil action under Section 122.206; and
(2)the platform's internal dispute resolution process
under this subchapter.
(e)A user shall not publish user-generated content on a
platform that:
(1)contains a statement purporting to be a factual
statement that the user knows or reasonably should know to be false; or
(2)falsely represents, fabricates, or materially
misrepresents the identity, statements, actions, or characteristics of any person through text, image,
audio, video, or any digitally altered or artificially generated media.
(f)This section does not apply to user-generated content
that constitutes:
(1)sharing of opinion, theory, assumption, or
interpretation of facts, including statements of the user's subjective beliefs, as determined by the
totality of the circumstances including the language and context of the statement; or
(2)comments that may be derogatory, offensive, or
otherwise distasteful but do not contain false statements of fact.
(g)This section applies with particular force to users
who are persons of public prominence, influencers, or entities with substantial reach or impact on
public discourse, who bear heightened responsibility for the accuracy of factual statements they
publish.
Sec. 122.123. PLATFORM OBLIGATION—CORRECTION OR REMOVAL MECHANISM.
(a)An owner or operator that operates a platform shall
provide a publicly accessible correction or removal mechanism through which any user or other person may
submit a correction or removal request regarding specific user-generated content on the platform.
(b)The correction or removal mechanism shall:
(1)be clearly and conspicuously accessible on each page or
screen of the platform on which user-generated content is displayed, by means of a visible link, button,
icon, or other interface element associated with or proximate to individual items of user-generated
content that, when activated, opens or directs the user to the submission form and automatically
associates the specific user-generated content with the submission;
(2)allow submission through an electronic form or other
reasonable electronic means, including by users who are not registered on the platform;
(3)require the person submitting the correction or removal
request to provide: (A) identification of the specific user-generated content at issue, which may be
automatically populated by the system when the mechanism associated with specific content is activated,
or may be provided manually by direct link or sufficient identifying information; (B) a clear
explanation of why the content is believed to contain a false statement of fact, constitute an abuse of
a person's CIIL, or why removal of the person's CIIL is requested; (C) identification of competent
evidence of truth supporting the claim, if applicable; and (D) the person's contact information; and
(4)provide an automated acknowledgment of receipt to the
person who submitted the request.
(c)The owner or operator shall process correction or
removal requests in a timely, diligent, non-arbitrary, and objective manner.
Sec. 122.124. PLATFORM INTERNAL REVIEW AND DISPUTE RESOLUTION.
(a)Upon receipt of a correction or removal request, the
owner or operator of the platform shall:
(1)notify the responding user of the request not later
than five business days after the date of receipt, providing the responding user with: (A) a copy or
summary of the request; (B) the specific content at issue; and (C) notice of the responding user's right
to submit a response;
(2)allow the responding user not fewer than 15 business
days from the date of notification to submit a written response, including competent evidence of truth
supporting the accuracy of the content or demonstrating that the content constitutes protected opinion;
and
(3)facilitate a review of the correction or removal
request by considering the competent evidence of truth submitted by both the person who filed the
request and the responding user.
(b)The owner or operator shall communicate the outcome of
the review process not later than the 30th business day after the date the responding user's response
period expires, or, if the responding user does not submit a response, not later than the 30th business
day after the response period expires. The platform's role under this section is to facilitate the
correction or removal request process and is not to independently adjudicate the truth or falsity of
user-generated content.
(c)The review under this section shall be conducted by
qualified personnel and not solely by automated means. The platform's determination is a facilitated
assessment based on the evidence submitted by the parties and does not constitute a final adjudication
of truth or falsity, which is reserved to the Information and Technology Courts under Subchapter E.
(d)The owner or operator shall communicate the outcome of
the review in writing to both the person who submitted the request and the responding user, including:
(1)whether the content has been determined to contain a
false statement of fact or an abuse of CIIL;
(2)the basis for the determination; and
(3)the corrective action to be taken, if any, or the right
to seek further remedies, including judicial review under Subchapter E.
Sec. 122.125. CORRECTIVE ACTION FOR USER-GENERATED CONTENT.
(a)If the owner or operator determines through its
internal review that user-generated content contains a false statement of fact or constitutes an abuse
of a person's CIIL, the owner or operator shall:
(1)direct the responding user to correct or remove the
content not later than the 10th business day after the date the determination is communicated to the
responding user; and
(2)if the responding user fails to correct or remove the
content within the period prescribed by Subdivision (1), the owner or operator shall remove or disable
access to the content.
(b)If the owner or operator determines that the content
does not contain a false statement of fact, the person who submitted the correction or removal request
may seek judicial review under Section 122.206.
Sec. 122.126. USER CONTENT ENFORCEMENT AND SANCTIONS.
(a)An owner or operator that operates a platform shall
adopt and publish a clear content accuracy policy that:
(1)informs users that the publication of knowingly false
statements of fact and the abuse of any person's CIIL are prohibited;
(2)describes the correction or removal request and
internal review process;
(3)sets forth graduated sanctions for users who are found
to have published false statements of fact or abused a person's CIIL, including: (A) issuance of a
warning for a first substantiated violation; (B) temporary restriction or suspension of the user's
ability to publish content for a second substantiated violation within a 12-month period; and (C)
permanent suspension or ban of the user's account for a third or subsequent substantiated violation
within a 12-month period or for a single violation involving willful, egregious, or repeated
dissemination of materially false information; and
(4)provides that the owner or operator reserves the right
to ban a user at any time for continued, willful dissemination of false information or abuse of persons'
CIIL.
(b)The content accuracy policy shall be prominently
accessible on the platform and incorporated into the platform's terms of service.
(c)An owner or operator shall maintain records of
correction or removal requests received, determinations made, and sanctions imposed under this
subchapter for a period of not less than three years.
Sec. 122.127. PLATFORM PROCEDURAL OBLIGATIONS; SECTION 230 PRESERVATION.
(a)An owner or operator that operates a platform shall
comply with the procedural obligations prescribed by this subchapter, including:
(1)establishing, maintaining, and publishing a clear and
accessible process by which a person may submit a correction or removal request under Section 122.123;
(2)upon receipt of a correction or removal request that
complies with Section 122.123(b), acknowledging receipt within five business days;
(3)facilitating the review process for correction or
removal requests in compliance with Section 122.124;
(4)taking corrective action in compliance with Section
122.125 when a determination has been made that content contains a false statement of fact or
unauthorized use of CIIL;
(5)enforcing its content accuracy policy in compliance
with Section 122.126;
(6)requiring verified identity for all users in compliance
with Section 122.005;
(7)providing a counter-notice mechanism by which the
content creator or poster may contest a correction or removal request within 10 business days; and
(8)otherwise acting in good faith to assist users and
other persons in correcting false information and removing unauthorized CIIL disseminated by users on
the platform.
(b)An owner or operator that materially fails to comply
with any procedural obligation imposed under Subsection (a) is liable to:
(1)the State for a civil penalty of not less than $1,000
and not more than $10,000 per violation; and
(2)a person who was denied process under this subchapter,
for actual damages arising from the procedural failure.
(c)Liability under Subsection (b) arises solely from a
platform's failure to comply with the procedural obligations of this section, and does not arise from
the content of any user-generated material.
(d)Section 230 Preservation.
(1)Nothing in this section shall be construed to impose
liability on an owner or operator as a publisher or speaker of any information provided by another
information content provider, as those terms are used in 47 U.S.C. Section 230(c)(1).
(2)An owner or operator that complies with the procedural
obligations of this section shall not be treated as the publisher or speaker of any user-generated
content for which it received and appropriately processed a correction or removal request.
(3)An owner or operator shall not be liable under this
chapter for any editorial or content-moderation decision made in good faith regarding user-generated
content, provided the owner or operator maintains the procedural mechanisms required by this subchapter.
(4)The obligations of an owner or operator under this
subchapter are procedural in nature. The owner or operator is required to provide and maintain the
correction or removal mechanism, facilitate the review process, and carry out corrective action when
warranted. These procedural obligations do not constitute treating the owner or operator as the
publisher or speaker of user-generated content.
(e)First-Party Content Accountability. Notwithstanding
Subsection (d), if an owner or operator purchases user-generated content for monetary consideration and
subsequently publishes or makes that content publicly accessible on the owner's or operator's covered
system, the owner or operator assumes direct accountability for the truth and accuracy of that content
as though it were first-party content under Subchapters B and C, and the protections of Subsection (d)
do not apply to such purchased content.
(f)This section applies to all owners or operators of
covered systems that permit users to create, upload, post, or share user-generated content, without
regard to the size, revenue, or number of users of the covered system.
Sec. 122.128. USER APPEALS.
(a)A responding user who disagrees with a determination
made under Section 122.124 may:
(1)submit an appeal through the platform's internal
complaint-handling system not later than the 30th day after the date the determination is communicated;
and
(2)seek judicial review before the Information and
Technology Court under Section 122.206.
(b)A platform's internal complaint-handling system for
appeals shall:
(1)be easily accessible and free of charge;
(2)allow the submission of additional competent evidence
of truth;
(3)be reviewed by qualified personnel who did not
participate in the original determination; and
(4)result in a written decision communicated to the
appealing user not later than the 20th business day after the date the appeal is filed.
(c)The filing of an appeal under Subsection (a)(1) stays
the enforcement of any corrective action or sanction under Sections 122.125 and 122.126 until the appeal
is resolved, except where the platform determines that the content poses an imminent threat of serious
harm to a person's safety or CIIL.
ARTICLE 5. EXPEDITED REMOVAL OF SEXUALLY EXPLICIT LIKENESS MATERIAL
SUBCHAPTER C-3. EXPEDITED REMOVAL OF SEXUALLY EXPLICIT LIKENESS MATERIAL
Sec. 122.171. DEFINITIONS.
In this subchapter:
(1)"Artificial intimate visual material" has the meaning
assigned by Chapter 98B, Civil Practice and Remedies Code.
(2)"Depicted person" means the individual who is
identifiable in the material at issue.
(3)"Removal request" means a request submitted by a
depicted person (or the depicted person's authorized representative) to an owner or operator of a
covered system or to a user seeking removal or disabling of public access to sexually explicit likeness
material.
(4)"Sexually explicit likeness material" means any visual
depiction, including any photograph, video, film, or digitally or computer-generated image, whether made
or produced by electronic, mechanical, or other means, that depicts the depicted person engaging in
sexual conduct or with the depicted person's intimate parts exposed, regardless of whether the material
was created with the depicted person's initial consent.
Sec. 122.172. APPLICABILITY AND RELATIONSHIP TO OTHER LAW.
(a)This subchapter applies to any owner, operator, or
user of a covered system accessible in this state that publishes or permits dissemination of sexually
explicit likeness material.
(b)This subchapter is intended to provide a streamlined,
civil, and expedited removal and compliance process for sexually explicit likeness material, including
content covered by Chapter 98B, Civil Practice and Remedies Code, related provisions of the Penal Code,
and the federal TAKE IT DOWN Act (Pub. L. 119-16).
(c)This subchapter does not limit, restrict, or replace
any right or remedy available under:
(1)Chapter 98B, Civil Practice and Remedies Code;
(2)Section 21.165, Penal Code;
(3)Section 21.16, Penal Code;
(4)the TAKE IT DOWN Act (Pub. L. 119-16); or
(5)any other state or federal civil or criminal law.
(d)Proceedings under this chapter are civil and do not
adjudicate criminal guilt. Nothing in this chapter limits a criminal investigation or prosecution.
(e)A court's findings under this subchapter may be used
as evidence in other proceedings, subject to the Texas Rules of Evidence and other applicable law.
Sec. 122.173. REMOVAL REQUEST MECHANISM FOR SEXUALLY EXPLICIT LIKENESS MATERIAL.
(a)An owner or operator of a covered system shall provide
a clearly accessible mechanism for submission of a removal request under this subchapter.
(b)The mechanism must allow submission by electronic
means and must permit a depicted person to identify the specific content at issue (link or other
locator) and submit a statement that:
(1)the depicted person requests removal of the sexually
explicit likeness material; and
(2)if applicable, the depicted person did not consent to
the creation, alteration, or dissemination of the material, or the depicted person withdraws any consent
previously given.
(c)The mechanism shall not require the depicted person to
provide any justification beyond identification of the material and a statement that the depicted person
requests its removal.
Sec. 122.174. DUTY TO DISABLE ACCESS; TIMELINE.
(a)On receipt of a removal request that reasonably
identifies sexually explicit likeness material depicting the requesting person, the owner, operator, or
user shall remove the material from public display or disable public access within 48 hours of receipt
of the request.
(b)The owner, operator, or user may preserve a non-public
evidentiary copy and related account records for use in civil or criminal proceedings.
(c)Nothing in this section requires deletion of data;
only disabling of public access is required.
(d)This subsection applies regardless of whether the
depicted person initially consented to the creation of the material. The right to request removal is
absolute and does not depend on proof of lack of consent or harm.
Sec. 122.179. EXCEPTIONS TO REMOVAL REQUIREMENT.
(a)The removal requirement under Section 122.174 does not
apply to:
(1)bona fide news reporting of matters of public concern
by recognized news organizations;
(2)content published for legitimate law enforcement,
national security, or public safety purposes;
(3)documentary, educational, or historical content where
the public interest in the content clearly and substantially outweighs the privacy interest of the
depicted person; or
(4)other content clearly protected by the First Amendment
to the United States Constitution or Article I, Section 8, Texas Constitution.
(b)The burden of establishing an exception under this
section rests with the owner, operator, or user.
(c)If an owner, operator, or user asserts an exception
under this section and declines to remove the material, the depicted person may immediately file a
petition under Section 122.175 for expedited judicial review.
Sec. 122.180. EFFECT OF REMOVAL ON COMPENSATION ARRANGEMENTS.
(a)If a depicted person has entered into a compensation
arrangement with an owner or operator or other entity for the use or dissemination of sexually explicit
likeness material depicting the person on a covered system, the depicted person may revoke consent to
such use by submitting a removal request under this subchapter.
(b)On receipt of a removal request under Subsection (a),
the owner or operator shall:
(1)comply with Section 122.174 by disabling public access
to the material within 48 hours; and
(2)cease all further payments under the compensation
arrangement effective on the date the owner or operator has disabled public access to all sexually
explicit likeness material depicting the person on all covered systems under the owner or operator's
control.
(c)If any sexually explicit likeness material depicting
the person remains publicly accessible on a covered system controlled by the owner or operator after the
period prescribed by Section 122.174 and any applicable court order, the owner or operator shall
continue to make payments under the compensation arrangement until public access is fully disabled.
(d)Nothing in this section creates any right to require a
depicted person to enter into or maintain a compensation arrangement as a condition of removal.
Sec. 122.175. EXPEDITED COMPLIANCE PETITION.
(a)If an owner, operator, or user fails to comply with
Section 122.174 or asserts an exception under Section 122.179, the depicted person may file a petition
in the Information and Technology Court for an expedited compliance order.
(b)The court shall prioritize petitions under this
subchapter and set them for hearing within 15 days of filing. The court may conduct hearings by
videoconference or in person as circumstances require.
(c)If the court finds the material is sexually explicit
likeness material depicting the petitioner and that the owner, operator, or user failed to comply with
Section 122.174, or that an asserted exception under Section 122.179 does not apply, the court shall
order immediate disabling or removal and may order any additional injunctive relief necessary to prevent
further dissemination.
(d)The court shall apply a strong presumption in favor of
the depicted person's right to removal, and the owner, operator, or user bears the burden of proving any
asserted exception by clear and convincing evidence.
Sec. 122.176. ENFORCEMENT FOR NONCOMPLIANCE WITH COURT ORDER; SUSPENSION OF PUBLIC ACCESS.
(a)If an owner, operator, or user fails to comply with a
court order issued under this subchapter within 24 hours of service of the order, the court may order an
Internet service provider, hosting service, domain registrar, or other infrastructure provider to
immediately suspend public access to the covered system.
(b)A suspension order under this section must:
(1)be for a period of not less than 15 days and not more
than 30 days for a first violation; and
(2)continue until the court verifies compliance with the
removal order.
(c)For repeated violations or egregious noncompliance
involving sexually explicit likeness material, the court may order suspension for successive 30-day
periods until full compliance is achieved, or may order permanent suspension of public access to the
covered system if the court determines that the owner, operator, or user has demonstrated willful and
continued noncompliance.
(d)The suspension order may not require deletion of data
and must be limited to rendering the covered system unavailable to the public.
(e)Failure to comply with a suspension order under this
section may result in contempt proceedings against the owner, operator, or user and daily penalties as
determined by the court.
(f)A suspension order under this section applies to any
Internet service provider, hosting service, web server, or domain registrar that provides services to
the covered system, regardless of the physical location of the provider, if:
(1)the covered system is accessible to residents of this
state; or
(2)the covered system publishes sexually explicit likeness
material depicting a resident of this state.
Sec. 122.181. ENHANCED PROTECTIONS FOR MINORS — SEXUALLY EXPLICIT MATERIAL.
(a)Sexually explicit likeness material depicting a minor
may not be published, distributed, or permitted to remain accessible on any covered system under any
circumstances. There are no exceptions to this prohibition.
(b)The exceptions to the removal requirement under
Section 122.179 do not apply to sexually explicit likeness material depicting a minor. Specifically, no
claimed exception for bona fide news reporting, law enforcement, documentary, educational, historical,
or First Amendment purposes shall excuse the publication or continued accessibility of sexually explicit
likeness material depicting a minor on a covered system.
(c)Upon receipt of a removal request or upon discovery
that sexually explicit likeness material depicting a minor is accessible on a covered system, the owner,
operator, or user shall:
(1)immediately disable public access to the material, and
in no event later than 24 hours after receipt of the request or discovery;
(2)preserve a non-public evidentiary copy for use by law
enforcement; and
(3)report the material to the National Center for Missing
& Exploited Children (NCMEC) through the CyberTipline, and to appropriate law enforcement, not later
than 24 hours after receipt of the request or discovery.
(d)A removal request under this section may be submitted
by:
(1)the depicted minor;
(2)the minor's parent or guardian;
(3)law enforcement;
(4)the attorney general; or
(5)any person who discovers the material.
(e)An owner, operator, or user who fails to comply with
Subsection (c) is subject to:
(1)the enforcement provisions of Section 122.176;
(2)enhanced civil penalties under Section 122.203 of not
less than $25,000 and not more than $100,000 per violation;
(3)referral to the attorney general and appropriate law
enforcement for criminal investigation under applicable state and federal law, including 18 U.S.C. §§
2251-2256 and Sections 21.16 and 43.26, Penal Code; and
(4)immediate suspension of public access to the covered
system under Section 122.176 until full compliance is achieved.
(f)This section supplements and does not limit, restrict,
or replace any right or remedy available under federal law, including 18 U.S.C. §§ 2251-2256 and the
TAKE IT DOWN Act (Pub. L. 119-16), or state law, including Chapter 98B, Civil Practice and Remedies
Code, and Sections 21.16, 21.165, and 43.26, Penal Code.
(g)An owner or operator that has knowledge or receives a
report that sexually explicit likeness material depicting a minor has been published on its covered
system and fails to take action under Subsection (c) within the time required is deemed to have engaged
in willful noncompliance for purposes of Section 122.203 and Section 122.176.
(h)The Information and Technology Court shall give
priority to petitions involving sexually explicit likeness material depicting a minor over all other
matters on its docket, and shall set such petitions for hearing within five days of filing.
Sec. 122.177. DAMAGES AND OTHER RELIEF.
(a)This chapter does not create criminal penalties.
(b)Monetary damages for conduct covered by this
subchapter are governed by Chapter 98B, Civil Practice and Remedies Code, and other applicable law.
(c)For claims under Subchapter C-3, a depicted person may
seek monetary relief under Chapter 98B, Civil Practice and Remedies Code, in addition to expedited
removal and compliance orders under this chapter.
(d)A depicted person who prevails in a petition under
this subchapter is entitled to recover court costs and reasonable attorney's fees from the owner,
operator, or user.
ARTICLE 6. INFORMATION AND TECHNOLOGY COURTS
SUBCHAPTER D. INFORMATION AND TECHNOLOGY COURTS
Sec. 122.151. CREATION OF INFORMATION AND TECHNOLOGY COURTS.
(a)Pursuant to Article V, Section 1, Texas Constitution,
the Information and Technology Courts are created as courts of limited jurisdiction within the judicial
branch of the State of Texas for the purpose of adjudicating disputes arising under this chapter.
(b)The Information and Technology Courts shall be
organized into divisions corresponding to the judicial administrative regions established under Section
74.042, Government Code.
(c)Each division of the Information and Technology Courts
has statewide jurisdiction and may hear cases arising from any location in this state, regardless of the
geographic location of the parties or the content at issue.
(d)The governor shall appoint, with the advice and
consent of the senate, a presiding judge for the Information and Technology Courts and one judge for
each division. Each judge serves a four-year term and may be reappointed.
Sec. 122.152. QUALIFICATIONS OF JUDGES.
A person is eligible for appointment as a judge of an Information and Technology
Court only if the person:
(1)is a citizen of this state;
(2)is a licensed attorney in good standing with the State
Bar of Texas;
(3)has at least 10 years of experience in the practice of
law, including substantial experience in one or more of the following areas: (A) media law; (B) First
Amendment law; (C) intellectual property law; (D) Internet or technology law; or (E) defamation or
privacy law; and
(4)has not been convicted of a felony or a crime involving
moral turpitude.
Sec. 122.153. JURISDICTION.
(a)The Information and Technology Courts have original
and exclusive jurisdiction over:
(1)civil actions brought under Section 122.201 of this
chapter;
(2)actions for injunctive relief under Section 122.202 of
this chapter;
(3)petitions under Subchapter C-3; and
(4)any other claim arising under this chapter that
requires judicial determination.
(b)Concurrent Emergency Jurisdiction. A district court of
competent jurisdiction has concurrent jurisdiction with an Information and Technology Court to:
(1)issue a temporary restraining order or temporary
injunction in a matter arising under this chapter pending transfer of the action to the Information and
Technology Court, provided that such relief expires upon the Information and Technology Court's
assumption of jurisdiction; and
(2)hear and rule on a petition under Subchapter C-3 if the
Information and Technology Court is not available to hear the petition within the time prescribed by
Section 122.159(e).
(c)Fallback Jurisdiction. If the Information and
Technology Courts are abolished or if this section is determined by a court of competent jurisdiction to
be unconstitutional in whole or in part, jurisdiction over actions arising under this chapter vests in
the district court for the county in which the defendant resides or maintains its principal place of
business in this state, or, if the defendant does not reside or maintain a place of business in this
state, in the district court of Travis County.
(d)Constitutional Authority. The exclusive jurisdiction
granted by Subsection (a) is conferred on the Information and Technology Courts as courts established by
the legislature pursuant to Article V, Section 1, of the Texas Constitution, and the exclusive
jurisdiction prescribed by this section is authorized under the exception provided by Article V, Section
8, of the Texas Constitution, which permits exclusive jurisdiction to be conferred by law on courts
other than district courts.
(e)The Information and Technology Courts have
supplemental jurisdiction over claims that form part of the same case or controversy as a claim within
the court's jurisdiction, if the parties and the court agree to proceed.
(f)Venue for an action under this chapter is proper in
any division of the Information and Technology Court, subject to considerations of convenience to the
parties and witnesses.
Sec. 122.154. PROCEDURES.
(a)Proceedings in the Information and Technology Courts
shall be governed by the Texas Rules of Civil Procedure and the Texas Rules of Evidence, except as
modified by rules adopted under this section.
(b)The Supreme Court of Texas may adopt rules of practice
and procedure specific to the Information and Technology Courts, consistent with this chapter.
(c)A party to a proceeding in an Information and
Technology Court may be represented by an attorney or may appear pro se.
(d)The Information and Technology Courts shall endeavor
to resolve cases on an expedited basis. Unless good cause is shown, a case shall be set for hearing not
later than the 90th day after the date the petition is filed, except petitions under Subchapter C-3
which shall be set within 15 days.
(e)In determining whether content contains a false
statement of fact, the court shall consider:
(1)whether the plaintiff has provided competent evidence
of truth demonstrating the reality of what actually occurred; and
(2)whether the defendant has provided competent evidence
of truth supporting the challenged content.
(f)Original, unaltered media (photographs, videos, audio)
shall be given greater weight than derivative, edited, AI-generated, or AI-edited versions when
determining what reality occurred.
(g)The court may order disclosure of the verified
identity of a user pursuant to Section 122.005(f) when necessary for the just resolution of a proceeding
under this chapter.
Sec. 122.159. REMOTE PROCEEDINGS AND ELECTRONIC CASE MANAGEMENT.
(a)The Information and Technology Courts shall, to the
maximum extent practicable, conduct proceedings by videoconference or other remote electronic means to
promote efficiency, accessibility, and cost-effectiveness.
(b)The court may order that a hearing or trial be
conducted in person and in a closed or secured setting when:
(1)the nature of the evidence, including sexually explicit
likeness material or other sensitive content, requires privacy protections for the dignity and safety of
parties or witnesses;
(2)national security, law enforcement, or public safety
concerns necessitate confidential proceedings;
(3)a party demonstrates by a preponderance of the evidence
that remote proceedings would materially prejudice that party's ability to present evidence or examine
witnesses; or
(4)the court determines that the interests of justice
require an in-person proceeding.
(c)The courts shall permit electronic filing, electronic
service, and electronic submission of evidence, consistent with the Texas Rules of Civil Procedure and
any rules adopted by the Supreme Court of Texas.
(d)The courts shall adopt procedures for expedited
hearings, including short-form petitions and standardized orders for removal, disabling access, and
compliance verification.
(e)Petitions under Subchapter C-3 shall be prioritized
and set for initial hearing within 15 days of filing.
Sec. 122.155. USE OF FINDINGS IN RELATED PROCEEDINGS.
(a)A final judgment of an Information and Technology
Court finding that content published on a covered system contains a false statement of fact, or that an
owner, operator, or user violated this chapter, may be admitted as evidence in any related civil or
criminal proceeding, including but not limited to:
(1)an action for defamation under common law or Chapter
73, Civil Practice and Remedies Code;
(2)an action for business disparagement under Chapter 73,
Civil Practice and Remedies Code;
(3)an action for violation of the Deceptive Trade
Practices Act under Chapter 17, Business and Commerce Code; or
(4)any other civil or criminal proceeding in which the
falsity of a statement or the violation of this chapter is at issue.
(b)A final judgment under Subsection (a) is admissible to
establish:
(1)that the content at issue contains a false statement of
fact;
(2)that the defendant published or caused to be published
the false statement;
(3)the identity of the person or entity harmed by the
false statement; and
(4)that the defendant failed to comply with the
correction, removal, or other requirements of this chapter.
(c)A final judgment admitted under this section does not
establish liability in the related proceeding but may be considered by the trier of fact as probative
evidence of the matters set forth in Subsection (b).
(d)The admission of a final judgment under this section
is subject to the Texas Rules of Evidence and any applicable rules of civil or criminal procedure.
(e)This section is intended to streamline the resolution
of related civil and criminal proceedings by providing admissible evidence of findings made under this
chapter, thereby reducing the burden on parties harmed by false statements and promoting the efficient
administration of justice.
Sec. 122.156. APPEALS.
An appeal from a final judgment of an Information and Technology Court shall be taken
to the court of appeals for the court of appeals district in which the division of the Information and
Technology Court is located, in the manner provided for appeals from district courts.
Sec. 122.157. COURT ADMINISTRATION.
(a)The Office of Court Administration of the Texas
Judicial System shall provide administrative support to the Information and Technology Courts.
(b)The Information and Technology Courts shall submit to
the Office of Court Administration quarterly reports on caseload, disposition rates, and other
statistics as the office may require.
(c)The presiding judge of the Information and Technology
Courts shall adopt uniform operational procedures for all divisions, subject to the approval of the
Supreme Court of Texas.
Sec. 122.158. TECHNICAL ENFORCEMENT DIVISION.
(a)The Information and Technology Courts shall be
supported by a Technical Enforcement Division (TED) composed of information technology professionals
with demonstrated experience in Internet infrastructure, cybersecurity, digital forensics, or network
administration.
(b)The Technical Enforcement Division shall, under the
direction of the court:
(1)assist in identifying covered systems and specific web
pages or services that are subject to removal or suspension orders under this chapter;
(2)coordinate with Internet service providers, hosting
services, domain registrars, and other infrastructure providers to implement orders requiring suspension
of public access;
(3)provide technical verification to the court that an
owner, operator, or user has complied with any order issued under this chapter, including orders under
Subchapter C-3, Section 122.203, and Section 122.202A;
(4)implement and coordinate suspension of public access to
covered systems pursuant to orders issued under Section 122.202A, including immediate coordination with
Internet service providers, web hosting services, domain registrars, and infrastructure providers upon
receipt of such an order; and
(5)perform any other technical enforcement functions
assigned by rule of the Supreme Court of Texas.
(c)When a plaintiff or victim who is a resident of this
state seeks enforcement of a court order under this chapter regarding CIIL or sexually explicit likeness
material, the Technical Enforcement Division shall have the authority to take all appropriate action
within the confines of this chapter to effectuate the court's order regardless of the physical location
of the covered system, server, or entity hosting the content, provided the content is or was accessible
to residents of this state at the time of the filing. This authority expressly includes enforcement of
orders relating to CIIL, DCIIL, personal data, false content, and any other obligation imposed under
this chapter, including suspension orders issued under Section 122.202A. Specifically, the Technical
Enforcement Division may, under specific court order and subject to strict procedural safeguards:
(1)coordinate with Internet service providers, web hosting
services, domain registrars, and other infrastructure providers located anywhere in the world to suspend
public access to covered systems that are noncompliant with court orders, where the covered system is
accessible to Texas residents or contains sexually explicit likeness material or CIIL of Texas
residents;
(2)implement technical measures, including but not limited
to DNS blocking, IP address blocking, or content filtering, to render noncompliant covered systems
inaccessible to residents of this state;
(3)when an owner, operator, or user cannot be identified
or located, or has demonstrated willful and continued noncompliance with court orders, employ lawful
intrusive technical measures, subject to prior specific court authorization and oversight, to disable,
remove, or render inaccessible specific content or systems that violate this chapter, provided that: (A)
the court has made specific findings that less intrusive measures have been attempted and have failed;
(B) the court has determined that the content at issue poses ongoing and substantial harm to the person
whose CIIL is at issue; (C) the technical measures employed are narrowly tailored to affect only the
specific violating content or system and do not unduly affect other systems or content; (D) all actions
taken under this subdivision are documented and reported to the court within 24 hours; and (E) the
owner, operator, or user, if identifiable, is provided notice and an opportunity to comply before
intrusive measures are employed, except in cases of emergency where notice would frustrate the purpose
of the order; and
(4)in cases involving sexually explicit likeness material
or serious CIIL abuse where an entity located outside this state or outside the United States fails to
comply with a court order, petition the court for an order requiring the permanent suspension of public
access to the noncompliant covered system by all available technical means, including coordination with
domestic infrastructure providers that provide connectivity or services to the noncompliant entity.
(d)Personnel of the Technical Enforcement Division act as
officers of the court for purposes of enforcing orders under this chapter but do not possess independent
criminal law-enforcement authority.
(e)The Technical Enforcement Division shall maintain
detailed records of all enforcement actions taken under this section and shall provide quarterly reports
to the presiding judge of the Information and Technology Courts and to the Office of Court
Administration.
(f)The Supreme Court of Texas shall adopt rules governing
the standards, procedures, and limitations applicable to technical enforcement actions under Subsection
(c), including requirements for judicial oversight, documentation, and protection of due process rights.
ARTICLE 7. ENFORCEMENT AND REMEDIES
SUBCHAPTER E. ENFORCEMENT
Sec. 122.201. CIVIL ACTION—FIRST-PARTY CONTENT.
(a)A person aggrieved by a violation of this chapter may
file a civil action in the appropriate division of the Information and Technology Court.
(b)In an action against an owner or operator regarding
first-party content under this section, the plaintiff must establish by a preponderance of the evidence
that:
(1)the defendant is an owner or operator of a covered
system subject to this chapter;
(2)specific first-party content published on the
defendant's covered system contains a false statement of fact;
(3)the plaintiff submitted a correction request or removal
request in compliance with Subchapter C, or was unable to do so because the owner or operator failed to
provide the mechanism required by Section 122.101; and
(4)the defendant failed to take corrective action in
compliance with Section 122.103 within the time prescribed.
(6)the defendant accessed, used, disclosed, or leveraged
the plaintiff's DCIIL or local device content without content access consent as required by Section
122.066A; or
(7)the defendant failed to implement reasonable data
security safeguards as required by Section 122.066B, or disclosed the plaintiff's DCIIL or local device
content to a governmental entity without a warrant as required by Section 122.066C.
(c)If the court finds in favor of the plaintiff in an
action regarding first-party content, the court may order one or more of the following remedies:
(1)removal of the false content from the defendant's
covered system;
(2)replacement of the false content with the correct
information, specifically identifying the competent evidence of truth that establishes the reality of
persons, places, things, and events, including references to admissible evidence such as witness
testimony, original unaltered media, documentation, or repeatable demonstrations as described by Section
122.003(21);
(3)issuance by the defendant of a public statement of
correction, the content and manner of which shall be approved by the court;
(4)a reasonable attempt by the defendant to notify all
persons and entities that have cited, shared, or linked to the false content to inform them of the
correction, to the extent that such persons or entities are reasonably identifiable; and
(5)court costs and reasonable attorney's fees.
In fashioning relief under this subsection, the court should, where reasonably
practicable and consistent with preventing ongoing harm, give preference to remedies that replace or
correct false content with true content, rather than purely removing content without correction.
(d)A judgment under this section finding that content
contains a false statement of fact may be used as evidence in related proceedings as provided in Section
122.155.
(g)In an action under this section, the plaintiff bears
the burden of proving by a preponderance of the evidence that the content at issue contains a false
statement of fact.
The defendant may defeat liability by establishing either that:
(1)the content constitutes opinion, satire, or parody
under Section 122.052; or
(2)the content is a true statement as defined by Section
122.003(21), supported by competent evidence of truth.
If the court determines that the plaintiff has failed to carry the burden of proving
falsity, or that the defendant has established a defense under this subsection, the court shall deny all
relief under this chapter as to that content and may award the defendant court costs and reasonable
attorney's fees.
Sec. 122.206. CIVIL ACTION—USER-GENERATED CONTENT.
(a)A person aggrieved by user-generated content that
violates Section 122.122 may file a civil action in the appropriate division of the Information and
Technology Court against the user who created or published the content.
(b)In an action under this section against a user, the
plaintiff must establish by a preponderance of the evidence that:
(1)the defendant user created or published user-generated
content on a platform;
(2)the content contains a false statement of fact or
constitutes an abuse of a person's CIIL in violation of Section 122.122;
(3)the plaintiff submitted a correction or removal request
under Subchapter C-1, or was unable to do so because the platform failed to provide the mechanism
required by Section 122.123; and
(4)either: (A) the platform's internal review determined
the content to be false or an abuse of CIIL and the user failed to take corrective action; or (B) the
platform's internal review determined the content was not false, and the plaintiff seeks judicial review
of that determination.
(c)If the court finds in favor of the plaintiff, the
court may order one or more of the following remedies against the user:
(1)removal of the false content by the user, or, if the
user fails to comply, an order directing the platform to remove the content;
(2)replacement of the false content with the correct
information, in a manner determined by the court;
(3)issuance by the user of a public correction or
retraction; and
(4)court costs and reasonable attorney's fees.
In fashioning relief under this subsection, the court should, where reasonably
practicable and consistent with preventing ongoing harm, give preference to remedies that replace or
correct false content with true content, rather than purely removing content without correction.
(d)A person aggrieved by user-generated content may also
file a civil action against the owner or operator operating the platform if the plaintiff establishes
that the owner or operator is liable under Section 122.127(b). In such action, the remedies available
against the owner or operator are those provided in Section 122.201(c) and Section 122.203.
(e)An action under this section against a user and an
action against an owner or operator under Subsection (d) may be joined in a single proceeding.
(f)A judgment under this section finding that content
contains a false statement of fact may be used as evidence in related proceedings as provided in Section
122.155.
(g)In an action under this section, the plaintiff bears
the burden of proving by a preponderance of the evidence that the content at issue contains a false
statement of fact or constitutes an abuse of CIIL.
The defendant may defeat liability by establishing either that:
(1)the content constitutes opinion, satire, or parody
under Section 122.052; or
(2)the content is a true statement as defined by Section
122.003(21), supported by competent evidence of truth.
If the court determines that the plaintiff has failed to carry the burden of proving
falsity or abuse of CIIL, or that the defendant has established a defense under this subsection, the
court shall deny all relief under this chapter as to that content and may award the defendant court
costs and reasonable attorney's fees.
Sec. 122.207. CIVIL ACTION—CIIL AND DATA VIOLATIONS.
(a)A person or legal entity aggrieved by a violation of
Subchapter B-1 may file a civil action in the appropriate division of the Information and Technology
Court against the owner, operator, user, or other person who committed the violation.
(b)In an action under this section, the plaintiff must
establish by a preponderance of the evidence that:
(1)the defendant used the plaintiff's CIIL without consent
and compensation as required by Section 122.061;
(2)the defendant collected the plaintiff's personal data
without consent and compensation as required by Section 122.062; or
(3)the defendant failed to remove the plaintiff's CIIL as
required by Section 122.063;
(4)the defendant failed to delete the plaintiff’s DCIIL on
request as required by Section 122.063B; or
(5)the defendant retained, used, or failed to delete the
plaintiff’s DCIIL beyond the term and post-term period permitted by Section 122.063C; or
(c)If the court finds in favor of the plaintiff, the
court may order one or more of the following remedies:
(1)immediate removal of the plaintiff's CIIL from the
defendant's covered system;
(2)immediate cessation of personal data collection
regarding the plaintiff;
(3)deletion of personal data collected in violation of
Section 122.062;
(4)payment to the plaintiff of the fair market value of
the use of the plaintiff's CIIL, or the value of personal data collected, whichever is greater;
(5)statutory damages of not less than $1,000 and not more
than $10,000 per violation; and
(6)court costs and reasonable attorney's fees.
(d)A judgment under this section may be used as evidence
in related proceedings as provided in Section 122.155.
Sec. 122.208. FAULT STANDARDS; PUBLIC FIGURES AND MATTERS OF PUBLIC CONCERN.
(a)In this section:
(1)"Public official" means a person holding elected or
appointed government office at the federal, state, or local level.
(2)"Public figure" means a person who has voluntarily
injected themselves into a particular public controversy or who has achieved pervasive fame or notoriety
in the community.
(3)"Matter of public concern" means a statement or
depiction regarding an issue of political, social, governmental, or community interest to a reasonable
member of the public.
(b)General Rule — Fault Not Required. Except as provided
by Subsections (c) and (d), a cause of action under this chapter does not require proof of fault on the
part of the defendant with respect to the accuracy of the content at issue. This chapter primarily
regulates the protection of DCIIL as personal property, disclosure, authentication, and procedural
compliance.
(c)Fault Standard for Correction Orders — Public
Officials and Public Figures. A court may not issue a correction order under this chapter that requires
a defendant to remove, retract, or label as false any content:
(1)about a public official's official conduct or a public
figure's conduct in their public capacity; and
(2)on a matter of public concern;
unless the court first finds, by clear and convincing evidence, that the content was
published with actual malice — that is, with knowledge of its falsity or with reckless disregard of
whether it was false or not.
(d)Fault Standard for Content About Private Persons. A
court may issue a correction order or award actual damages under this chapter with respect to content
about a private person who is not a public official or public figure on a showing that the defendant
knew or reasonably should have known that the content was materially false.
(e)DCIIL, Fabricated Media, and Identity Violations — No
Fault Required. Notwithstanding Subsections (c) and (d):
(1)A cause of action under this chapter for violation of a
person's DCIIL property rights, including unauthorized use, collection, or failure to delete DCIIL under
Sections 122.061, 122.062, 122.063, 122.063A, 122.063B, or 122.063C, does not require proof of fault.
(2)A cause of action under this chapter for publication of
fabricated media under Section 122.054 does not require proof of fault.
(3)A cause of action under this chapter for publication of
sexually explicit likeness material under Subchapter C-3 does not require proof of fault.
(4)The correction request process under Subchapters C and
C-1, and the removal request process under Subchapter C-3, are not subject to the fault requirements of
this section. The fault standards of this section apply only to the issuance of court-ordered correction
or removal under Sections 122.201(c) and 122.206(c) as limited by Subsection (c) of this section.
(f)Legislative Finding. The legislature finds that:
(1)this chapter's primary purpose is to protect the
property rights of persons in their DCIIL and to establish mechanisms for the correction of false
content — not to impose damages liability for defamation;
(2)the correction-first enforcement framework of this
chapter, which prioritizes disclosure, correction, and replacement of false content with true content
over monetary damages, minimizes any burden on constitutionally protected speech;
(3)the fault standards prescribed by Subsections (c) and
(d) are consistent with the requirements of New York Times Co. v. Sullivan, 376 U.S. 254 (1964), and
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), and are included to ensure the constitutional validity
of this chapter's correction-order provisions; and
(4)the exemption of DCIIL property violations, fabricated
media, and sexually explicit material from the fault requirements of this section is consistent with the
principle that property rights and identity protections are not subject to the actual malice standard,
which applies only to speech-based liability for statements about public figures on matters of public
concern.
Sec. 122.202. INJUNCTIVE RELIEF.
(a)The attorney general may bring an action in an
Information and Technology Court to enjoin a violation of this chapter by an owner, operator, user, or
any other person.
(b)In addition to injunctive relief, the court may award
the state reasonable expenses incurred in obtaining the injunction, including court costs, reasonable
attorney's fees, investigative costs, and witness fees.
Sec. 122.202A. SUSPENSION OF COVERED SYSTEM FOR FAILURE TO COMPLY WITH COURT ORDER.
(a)If an owner or operator fails to comply with any order
issued by an Information and Technology Court under this chapter, including but not limited to an order
requiring correction of false content, removal of CIIL, deletion of DCIIL, cessation of personal data
collection, payment of damages, or any other affirmative obligation imposed by the court, the court may,
on its own motion or on the motion of any aggrieved party or the attorney general, order the immediate
suspension of public access to the noncompliant owner's or operator's covered system.
(b)A suspension order under this section may be issued
when:
(1)the court has issued a final or interlocutory order
imposing an obligation on an owner or operator under this chapter;
(2)the owner or operator has been served with or has
received actual notice of the order; and
(3)the owner or operator has failed to comply with the
order in whole or in part.
(c)A suspension order under this section shall:
(1)identify the covered system or specific portion of the
covered system to be suspended;
(2)direct any Internet service provider, web hosting
service, domain registrar, or other infrastructure provider serving the covered system to suspend public
access immediately upon receipt of the order;
(3)remain in effect until the owner or operator files
proof of full compliance with the underlying order and the court confirms that compliance; and
(4)be transmitted by the Technical Enforcement Division to
all known infrastructure providers serving the covered system within 24 hours of issuance.
(d)The suspension remedy under this section is available
for noncompliance with any court order issued under this chapter, including orders arising from
violations of:
(1)Subchapter B (Content Accuracy);
(2)Subchapter B-1 (CIIL and DCIIL as Personal Property),
including the DCIIL and local device content deletion, retrieval, content access consent, data security,
and government access obligations under Sections 122.063A, 122.063B, 122.063C, 122.066, 122.066A,
122.066B, and 122.066C;
(3)Subchapter C, C-1, or C-3 (Correction and Removal
Request Processes);
(4)Section 122.062 (Personal Data Collection);
(5)Section 122.005 (Identity Verification); or
(6)any other provision of this chapter for which the court
has issued an order.
(e)A suspension under this section does not require a
finding of a pattern or practice of violations under Section 122.203. A single instance of noncompliance
with a court order is sufficient to authorize suspension.
(f)An owner or operator subject to a suspension order
under this section may seek emergency relief from the court by filing a motion demonstrating:
(1)that the owner or operator has fully complied or is in
the process of complying with the underlying order; or
(2)that compliance with the underlying order is legally or
technically impossible and stating the specific impediment.
(g)An infrastructure provider that receives a suspension
order under this section and fails to implement the suspension within 48 hours of receipt is subject to
civil penalties of not less than $5,000 and not more than $25,000 per day of noncompliance, beginning on
the third day after receipt of the order.
(h)Nothing in this section limits the court's authority
to impose additional remedies under Section 122.207, Section 122.202, or Section 122.203 for the same
underlying violation or for noncompliance with a court order.
Sec. 122.203. PATTERN OF VIOLATIONS.
(a)If the court finds that an owner, operator, or user
has engaged in a pattern or practice of violations of this chapter, the court may:
(1)for an owner or operator, order an Internet service
provider, web hosting service, domain registrar, or infrastructure provider to suspend public access to
the covered system for a period of not less than 15 days and not more than 30 days for a first pattern
violation, and continuing until such time as the owner or operator provides proof the content has been
removed and replaced with the correct information if applicable and all other responsibilities properly
fulfilled;
(2)for repeated pattern violations or egregious
noncompliance, order suspension for successive 30-day periods until full compliance is achieved, or
permanent suspension of public access if the court determines that the owner or operator has
demonstrated willful and continued noncompliance;
(3)for a user, order the platform on which the user
publishes content to permanently suspend or ban the user's account; and
(4)order any other equitable relief the court considers
appropriate.
(b)For purposes of this section, a "pattern or practice"
means three or more separate violations of this chapter within a 12-month period.
(c)A suspension order under this section applies to any
Internet service provider, hosting service, web server, or domain registrar that provides services to
the covered system, regardless of the physical location of the provider, if:
(1)the covered system is accessible to residents of this
state; or
(2)the covered system publishes content containing CIIL of
a resident of this state in violation of this chapter.
Sec. 122.204. AFFIRMATIVE DEFENSE—TRUTH.
(a)It is an affirmative defense to any action under this
chapter that the challenged content constitutes a true statement supported by competent evidence of
truth.
(b)In asserting this defense, the defendant must identify
specific competent evidence of truth that demonstrates the reality conveyed by the content corresponds
to actual persons, places, things, and events.
(c)If the defendant establishes the affirmative defense
by a preponderance of the evidence, the court shall dismiss the action and may award the defendant court
costs and reasonable attorney's fees.
Sec. 122.205. AFFIRMATIVE DEFENSE—OPINION.
(a)It is an affirmative defense to any action under this
chapter that the challenged content constitutes opinion, theory, assumption, interpretation, satire, or
parody, and not a false statement of fact.
(b)In asserting this defense, the defendant must
demonstrate that:
(1)the content is clearly identifiable as opinion, theory,
assumption, interpretation, satire, or parody to a reasonable reader, viewer, or listener, considering
the totality of the circumstances including the language, context, and medium of the content;
(2)the content contains language or contextual cues
indicating opinion, such as "I believe," "In my opinion," "I think," "It seems to me," or similar
expressions of subjective belief, whether in written text, spoken word, captions, or any other format
within the content; or
(3)the content expresses the defendant's subjective
beliefs, interpretations, assumptions, or value judgments and does not purport to state objective facts
capable of verification.
(c)Content that is obviously satirical, parodic, or
constitutes social commentary, political opinion, or artistic expression is presumptively protected
opinion.
(d)The court shall apply the totality of the
circumstances test, considering:
(1)the specific language and context of the content;
(2)whether a reasonable person would understand the
content as stating facts or expressing opinion;
(3)the medium and forum in which the content was
published;
(4)whether the content can be proven true or false through
competent evidence; and
(5)whether the content contains any contextual indicators
of opinion, including but not limited to express labeling, spoken disclaimers, or commonly understood
language of subjective belief.
(e)If the defendant establishes the affirmative defense
by a preponderance of the evidence, the court shall dismiss the action and may award the defendant court
costs and reasonable attorney's fees.
(f)A defendant asserting this defense is not required to
prove that the content is truthful, only that it constitutes protected opinion, satire, or parody rather
than a false statement of fact.
ARTICLE 8. MISCELLANEOUS PROVISIONS
SECTION 8.01. SEVERABILITY.
If any provision of this Act or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of this Act that can be given
effect without the invalid provision or application, and to this end the provisions of this Act are
declared to be severable.
SECTION 8.02. RULES.
(a)The attorney general and the Office of Court
Administration may adopt rules as necessary to implement and administer this Act.
(b)The Supreme Court of Texas may adopt rules governing:
(1)the standards and procedures for identity verification
under Section 122.005;
(2)the standards, procedures, and limitations applicable
to technical enforcement actions under Section 122.158; and
(3)any other matter necessary for the efficient
administration of the Information and Technology Courts.
SECTION 8.03. RELATIONSHIP TO EXISTING LAW.
(a)This chapter is intended to supplement and reinforce,
and not to conflict with or diminish, existing protections under state and federal law, including:
(1)Chapter 73, Civil Practice and Remedies Code (Libel);
(2)Chapter 98B, Civil Practice and Remedies Code (Unlawful
Disclosure or Promotion of Intimate Visual Material);
(3)Chapter 27, Civil Practice and Remedies Code (Texas
Citizens Participation Act);
(4)Chapter 26, Property Code (Right of Publicity);
(5)Sections 21.16 and 21.165, Penal Code;
(6)the TAKE IT DOWN Act (Pub. L. 119-16);
(7)47 U.S.C. Section 230;
(8)the First Amendment to the United States Constitution
and Article I, Section 8, Texas Constitution;
(9)Chapter 509, Business and Commerce Code (Securing
Children Online through Parental Empowerment Act);
(10)the Children's Online Privacy Protection Act (15
U.S.C. § 6501 et seq.);
(11)18 U.S.C. §§ 2251-2256 (sexual exploitation of
children); and
(12)any applicable provisions of the Kids Online Safety
Act or successor federal legislation protecting minors online.
(b)To the extent any provision of this chapter is found
to conflict with 47 U.S.C. Section 230 or the First Amendment, the conflicting provision shall be
construed narrowly to avoid the conflict, or if the conflict is irreconcilable, the provision is
severable under Section 6.01.
(c)Nothing in this chapter diminishes any right or remedy
available under Chapter 73, Civil Practice and Remedies Code. The correction request process under this
chapter is independent of and supplemental to the correction, clarification, or retraction process under
Subchapter B, Chapter 73, Civil Practice and Remedies Code.
(d)This chapter reinforces and provides additional
procedural mechanisms for the enforcement of rights protected under Chapter 98B, Civil Practice and
Remedies Code, and the federal TAKE IT DOWN Act, including expedited removal and compliance procedures.
(e)Nothing in this chapter shall be construed to limit,
restrict, or impair any civil or criminal remedy available under state or federal law for harassment,
stalking, threats, assault, abuse, or other unlawful conduct, nor to prevent an owner, operator, or
platform from taking action to prevent, report, or respond to such conduct.
(f)To the extent any provision of this chapter could be
interpreted to conflict with constitutional protections for speech, courts shall apply the narrowest
construction that preserves the provision's validity while giving maximum effect to the property-rights
and remedial purposes of this chapter.
(g)Relationship to Minor-Specific Protections. The
provisions of this chapter relating to minors are intended to supplement and reinforce, and not to
conflict with or diminish, the protections provided by federal law, including the Children's Online
Privacy Protection Act, the TAKE IT DOWN Act, and 18 U.S.C. §§ 2251-2256, and by state law, including
Chapter 509, Business and Commerce Code (Securing Children Online through Parental Empowerment Act).
Where this chapter provides greater protection for minors than federal or state law, the greater
protection shall apply. Where federal law provides greater protection, federal law controls.
SECTION 8.04. RULES OF CONSTRUCTION AND APPLICATION.
(a)This chapter shall be construed and applied in a
manner that:
(1)protects and enhances, rather than restricts, the
freedom of speech guaranteed by the First Amendment to the United States Constitution and Article I,
Section 8, Texas Constitution;
(2)protects the property rights of persons in their
content, identity, image, and likeness (CIIL) and in their personal data; and
(3)provides effective remedies for the misuse of CIIL and
the continued publication of false statements of fact after judicial determination of falsity.
(b)Nothing in this chapter shall be construed to:
(1)authorize the state or any court to prohibit or punish
speech based on disagreement with the viewpoint, belief, ideology, or opinion expressed;
(2)permit the removal or suppression of content solely
because it is offensive, derogatory, indecent, cruel, disrespectful, blasphemous, or otherwise
distasteful, if the content constitutes opinion or other protected speech and does not contain a false
statement of fact or violate a CIIL or data protection provision of this chapter; or
(3)impose any requirement of prior approval, licensing, or
pre-screening of content by the state or by an owner or operator, beyond the maintenance of the identity
verification and correction or removal mechanisms expressly required by this chapter;
(4)restrict or impair the right of an owner or operator to
adopt and enforce terms of service, community standards, or acceptable-use policies that prohibit
harassment, threats, abuse, or other conduct, including removal or suspension of users or content that
violate such policies; or
(c)For purposes of this chapter:
(1)expressions of subjective belief, interpretation, value
judgment, or criticism, including harsh, hyperbolic, or offensive language about a person or group, are
treated as opinion and remain protected speech, unless they reasonably imply specific factual assertions
that can be proven true or false by competent evidence of truth; and
(2)the remedies of correction, replacement, removal, or
suspension of access under this chapter may be ordered only with respect to:
(A)content that has been determined by a court of
competent jurisdiction to contain a false statement of fact; or
(B)CIIL or personal data whose use, publication, or
collection violates an express provision of this chapter.
(d)The identity verification requirements and platform
obligations under this chapter are procedural in nature and shall not be interpreted to treat an owner
or operator as the publisher or speaker of user-generated content solely by reason of providing,
operating, or complying with the mechanisms and processes required by this chapter.
SECTION 8.04A. EXEMPTION FROM TEXAS CITIZENS PARTICIPATION ACT.
(a)A legal action brought under this chapter is exempt
from Chapter 27, Civil Practice and Remedies Code.
(b)Chapter 27, Civil Practice and Remedies Code, does not
apply to a legal action:
(1)brought under this chapter;
(2)brought to enforce a court order issued under this
chapter; or
(3)seeking injunctive relief under this chapter pending
resolution of a legal action described by Subdivision (1).
(c)Nothing in this section affects the availability of a
motion to dismiss under the Texas Rules of Civil Procedure Rule 91a or under any other applicable
procedural rule that does not impose discovery stays or mandatory hearing deadlines inconsistent with
the timelines prescribed by this chapter.
SECTION 8.05. TRANSITION.
(a)An owner or operator of a covered system accessible by
citizens of Texas subject to this Act shall comply with the requirements of Subchapters B, B-1, and C
not later than the 180th day after the effective date of this Act.
(b)An owner or operator shall comply with the identity
verification requirements of Section 122.005 not later than the 270th day after the effective date of
this Act.
(c)An action may not be filed under Subchapter E based on
content published before the effective date of this Act, except that the correction request process
under Subchapter C, the correction or removal request process under Subchapter C-1, and the removal
request process under Subchapter C-3 apply to all content accessible on a covered system on or after the
date the owner or operator is required to comply under Subsection (a).
(d)Subject to legislative appropriation, the governor
shall appoint the initial judges of the Information and Technology Courts not later than the 120th day
after the effective date of this Act.
(e)The Technical Enforcement Division under Section
122.158 shall be operational not later than the 180th day after the effective date of this Act.
SECTION 8.06. EFFECTIVE DATE.
This Act takes effect September 1, 2027.