84R1692 JRR-F
 
  By: González H.B. No. 496
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil and criminal liability for the disclosure or
  promotion of certain intimate visual material; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 98B to read as follows:
  CHAPTER 98B. LIABILITY FOR PROMOTION OF INTIMATE VISUAL MATERIAL
         Sec. 98B.001.  DEFINITIONS. In this chapter:
               (1)  "Intimate visual material" means visual material
  that depicts a person engaged in sexual conduct.
               (2)  "Promote" and "sexual conduct" have the meanings
  assigned by Section 43.25, Penal Code.
               (3)  "Visual material" has the meaning assigned by
  Section 43.26, Penal Code.
         Sec. 98B.002.  LIABILITY FOR PROMOTION OF CERTAIN INTIMATE
  VISUAL MATERIAL. A defendant is liable, as provided by this
  chapter, to a person depicted in intimate visual material for
  damages arising from promotion of the intimate visual material if
  the defendant knowingly or intentionally:
               (1)  engaged in conduct that violates Section 21.16(c),
  Penal Code, with respect to the intimate visual material; or
               (2)  promoted the intimate visual material without
  obtaining the applicable information required by 18 U.S.C. Section
  2257 or 2257A.
         Sec. 98B.003.  DAMAGES. (a) A claimant who prevails in a
  suit under this chapter shall be awarded:
               (1)  actual damages, including damages for mental
  anguish even if an injury other than mental anguish is not shown;
               (2)  court costs; and
               (3)  reasonable attorney's fees.
         (b)  In addition to an award under Subsection (a), a claimant
  who prevails in a suit under this chapter may recover exemplary
  damages.
         Sec. 98B.004.  INJUNCTIVE RELIEF. A court in which a suit is
  brought under this chapter, on the motion of a party, may issue a
  temporary restraining order or a temporary or permanent injunction
  to restrain and prevent the promotion of intimate visual material
  with respect to the person depicted in the material.
         Sec. 98B.005.  CAUSE OF ACTION CUMULATIVE. The cause of
  action created by this chapter is cumulative of any other remedy
  provided by common law or statute.
         Sec. 98B.006.  JOINT AND SEVERAL LIABILITY. A person who
  engages in conduct described by Section 98B.002 and is found liable
  under this chapter or other law for any amount of damages arising
  from that conduct is jointly and severally liable with any other
  defendant for the entire amount of damages arising from that
  conduct.
         Sec. 98B.007.  LIBERAL CONSTRUCTION AND APPLICATION;
  CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally
  construed and applied to promote its underlying purpose to protect
  persons from, and provide adequate remedies to victims of,
  promotion of intimate visual material.
         (b)  This chapter does not apply to a claim brought against
  an interactive computer service, as defined by 47 U.S.C. Section
  230, for a disclosure consisting of intimate visual material
  provided by another person.
         SECTION 2.  Chapter 21, Penal Code, is amended by adding
  Section 21.16 to read as follows:
         Sec. 21.16.  UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE
  VISUAL MATERIAL. (a) In this section: 
               (1)  "Intimate relationship" means a marriage
  relationship or a relationship of a romantic or intimate nature
  between two persons.
               (2)  "Promote" and "sexual conduct" have the meanings
  assigned by Section 43.25.
               (3)  "Visual material" has the meaning assigned by
  Section 43.26.
         (b)  A person commits an offense if the person:
               (1)  by electronic means, intentionally discloses
  visual material depicting another person engaged in sexual conduct;
               (2)  was in an intimate relationship with the depicted
  person when the visual material was created or transmitted to the
  person;
               (3)  knows or should have known that the depicted
  person has not consented to the disclosure; and
               (4)  discloses the visual material with the intent to
  cause harm to the depicted person, including mental anguish,
  emotional distress, actual or threatened physical violence,
  economic harm, harm to reputation, or harassment by a third party.
         (c)  A person commits an offense if, knowing the character
  and content of the visual material, the person promotes visual
  material described by Subsection (b) on an Internet website or
  other forum for electronic publication that is owned or operated by
  the person.
         (d)  It is not a defense to prosecution under this section
  that the depicted person:
               (1)  created or consented to the creation of the visual
  material; or 
               (2)  voluntarily transmitted the visual material to the
  actor.
         (e)  It is an affirmative defense to prosecution under this
  section that the actor is an interactive computer service, as
  defined by 47 U.S.C. Section 230, and the disclosure consisted of
  visual material provided by another person.
         (f)  An offense under this section is a Class A misdemeanor.
         (g)  If conduct that constitutes an offense under this
  section also constitutes an offense under another law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 3.  (a)  Chapter 98B, Civil Practice and Remedies
  Code, as added by this Act, applies only to a cause of action that
  accrues on or after the effective date of this Act. A cause of
  action that accrues before the effective date of this Act is
  governed by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         (b)  Section 21.16, Penal Code, as added by this Act, applies
  to visual material disclosed or promoted on or after the effective
  date of this Act, regardless of whether the visual material was
  created or transmitted to the actor before, on, or after that date.
         SECTION 4.  This Act takes effect September 1, 2015.