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AN ACT
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relating to civil and criminal liability for the unlawful |
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disclosure or promotion of certain intimate visual material; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Relationship |
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Privacy Act. |
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SECTION 2. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98B to read as follows: |
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CHAPTER 98B. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL |
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MATERIAL |
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Sec. 98B.001. DEFINITIONS. In this chapter: |
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(1) "Intimate parts," "promote," "sexual conduct," |
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and "visual material" have the meanings assigned by Section 21.16, |
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Penal Code. |
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(2) "Intimate visual material" means visual material |
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that depicts a person: |
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(A) with the person's intimate parts exposed; or |
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(B) engaged in sexual conduct. |
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Sec. 98B.002. LIABILITY FOR UNLAWFUL DISCLOSURE OR |
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PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. (a) A defendant is |
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liable, as provided by this chapter, to a person depicted in |
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intimate visual material for damages arising from the disclosure of |
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the material if: |
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(1) the defendant discloses the intimate visual |
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material without the effective consent of the depicted person; |
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(2) the intimate visual material was obtained by the |
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defendant or created under circumstances in which the depicted |
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person had a reasonable expectation that the material would remain |
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private; |
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(3) the disclosure of the intimate visual material |
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causes harm to the depicted person; and |
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(4) the disclosure of the intimate visual material |
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reveals the identity of the depicted person in any manner, |
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including through: |
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(A) any accompanying or subsequent information |
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or material related to the intimate visual material; or |
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(B) information or material provided by a third |
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party in response to the disclosure of the intimate visual |
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material. |
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(b) A defendant is liable, as provided by this chapter, to a |
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person depicted in intimate visual material for damages arising |
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from the promotion of the material if, knowing the character and |
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content of the material, the defendant promotes intimate visual |
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material described by Subsection (a) on an Internet website or |
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other forum for publication that is owned or operated by the |
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defendant. |
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Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a |
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suit under this chapter shall be awarded: |
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(1) actual damages, including damages for mental |
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anguish; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a), a claimant |
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who prevails in a suit under this chapter may recover exemplary |
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damages. |
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Sec. 98B.004. INJUNCTIVE RELIEF. (a) A court in which a |
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suit is brought under this chapter, on the motion of a party, may |
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issue a temporary restraining order or a temporary or permanent |
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injunction to restrain and prevent the disclosure or promotion of |
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intimate visual material with respect to the person depicted in the |
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material. |
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(b) A court that issues a temporary restraining order or a |
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temporary or permanent injunction under Subsection (a) may award to |
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the party who brought the motion damages in the amount of: |
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(1) $1,000 for each violation of the court's order or |
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injunction, if the disclosure or promotion of intimate visual |
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material is wilful or intentional; or |
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(2) $500 for each violation of the court's order or |
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injunction, if the disclosure or promotion of intimate visual |
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material is not wilful or intentional. |
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Sec. 98B.005. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute. |
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Sec. 98B.006. JURISDICTION. A court has personal |
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jurisdiction over a defendant in a suit brought under this chapter |
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if: |
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(1) the defendant resides in this state; |
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(2) the claimant who is depicted in the intimate |
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visual material resides in this state; |
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(3) the intimate visual material is stored on a server |
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that is located in this state; or |
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(4) the intimate visual material is available for view |
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in this state. |
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Sec. 98B.007. LIBERAL CONSTRUCTION AND APPLICATION; |
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CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally |
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construed and applied to promote its underlying purpose to protect |
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persons from, and provide adequate remedies to victims of, the |
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disclosure or promotion of intimate visual material. |
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(b) This chapter does not apply to a claim brought against |
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an interactive computer service, as defined by 47 U.S.C. Section |
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230, for a disclosure or promotion consisting of intimate visual |
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material provided by another person. |
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SECTION 3. Chapter 21, Penal Code, is amended by adding |
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Section 21.16 to read as follows: |
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Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE |
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VISUAL MATERIAL. (a) In this section: |
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(1) "Intimate parts" means the naked genitals, pubic |
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area, anus, buttocks, or female nipple of a person. |
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(2) "Promote" means to procure, manufacture, issue, |
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sell, give, provide, lend, mail, deliver, transfer, transmit, |
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publish, distribute, circulate, disseminate, present, exhibit, or |
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advertise or to offer or agree to do any of the above. |
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(3) "Sexual conduct" means sexual contact, actual or |
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simulated sexual intercourse, deviate sexual intercourse, sexual |
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bestiality, masturbation, or sadomasochistic abuse. |
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(4) "Simulated" means the explicit depiction of sexual |
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conduct that creates the appearance of actual sexual conduct and |
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during which a person engaging in the conduct exhibits any |
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uncovered portion of the breasts, genitals, or buttocks. |
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(5) "Visual material" means: |
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(A) any film, photograph, videotape, negative, |
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or slide or any photographic reproduction that contains or |
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incorporates in any manner any film, photograph, videotape, |
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negative, or slide; or |
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(B) any disk, diskette, or other physical medium |
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that allows an image to be displayed on a computer or other video |
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screen and any image transmitted to a computer or other video screen |
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by telephone line, cable, satellite transmission, or other method. |
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(b) A person commits an offense if: |
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(1) without the effective consent of the depicted |
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person, the person intentionally discloses visual material |
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depicting another person with the person's intimate parts exposed |
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or engaged in sexual conduct; |
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(2) the visual material was obtained by the person or |
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created under circumstances in which the depicted person had a |
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reasonable expectation that the visual material would remain |
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private; |
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(3) the disclosure of the visual material causes harm |
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to the depicted person; and |
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(4) the disclosure of the visual material reveals the |
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identity of the depicted person in any manner, including through: |
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(A) any accompanying or subsequent information |
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or material related to the visual material; or |
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(B) information or material provided by a third |
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party in response to the disclosure of the visual material. |
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(c) A person commits an offense if the person intentionally |
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threatens to disclose, without the consent of the depicted person, |
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visual material depicting another person with the person's intimate |
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parts exposed or engaged in sexual conduct and the actor makes the |
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threat to obtain a benefit: |
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(1) in return for not making the disclosure; or |
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(2) in connection with the threatened disclosure. |
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(d) A person commits an offense if, knowing the character |
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and content of the visual material, the person promotes visual |
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material described by Subsection (b) on an Internet website or |
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other forum for publication that is owned or operated by the person. |
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(e) It is not a defense to prosecution under this section |
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that the depicted person: |
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(1) created or consented to the creation of the visual |
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material; or |
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(2) voluntarily transmitted the visual material to the |
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actor. |
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(f) It is an affirmative defense to prosecution under |
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Subsection (b) or (d) that: |
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(1) the disclosure or promotion is made in the course |
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of: |
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(A) lawful and common practices of law |
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enforcement or medical treatment; |
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(B) reporting unlawful activity; or |
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(C) a legal proceeding, if the disclosure or |
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promotion is permitted or required by law; |
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(2) the disclosure or promotion consists of visual |
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material depicting in a public or commercial setting only a |
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person's voluntary exposure of: |
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(A) the person's intimate parts; or |
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(B) the person engaging in sexual conduct; or |
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(3) the actor is an interactive computer service, as |
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defined by 47 U.S.C. Section 230, and the disclosure or promotion |
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consists of visual material provided by another person. |
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(g) An offense under this section is a Class A misdemeanor. |
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(h) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 4. (a) Chapter 98B, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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(b) Section 21.16, Penal Code, as added by this Act, applies |
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to visual material disclosed or promoted, or threatened to be |
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disclosed, on or after the effective date of this Act, regardless of |
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whether the visual material was created or transmitted to the actor |
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before, on, or after that date. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1135 passed the Senate on |
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April 14, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1135 passed the House on |
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May 26, 2015, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |