Bill Text: TX HB4897 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to civil liability for online impersonation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to State Affairs [HB4897 Detail]
Download: Texas-2023-HB4897-Engrossed.html
| 88R23268 JES-F | ||
| By: Lalani | H.B. No. 4897 | |
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| relating to civil liability for online impersonation. | ||
| 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 98C to read as follows: | ||
| CHAPTER 98C. LIABILITY FOR ONLINE IMPERSONATION | ||
| Sec. 98C.001. DEFINITIONS. In this chapter: | ||
| (1) "Online impersonation" means a person's use of an | ||
| individual's name, voice, signature, photograph, or likeness | ||
| through social media without that individual's consent or if the | ||
| individual is a minor, the consent of that individual's parent, | ||
| legal guardian, or managing conservator. | ||
| (2) "Photograph" includes any photograph or | ||
| photographic reproduction, still or moving, or any videotape or | ||
| live television transmission of any individual in which the | ||
| individual is readily identifiable. | ||
| (3) "Readily identifiable" means identifiable using | ||
| only the naked eye to reasonably determine the identity of an | ||
| individual in a photograph. | ||
| (4) "Social media" means a form of electronic | ||
| communication through which users create online communities to | ||
| share information, ideas, personal messages, and other content. | ||
| Sec. 98C.002. APPLICABILITY OF CHAPTER. This chapter does | ||
| not apply to a law enforcement agency or a law enforcement agency | ||
| employee acting within the scope of employment in investigating | ||
| Internet crimes. | ||
| Sec. 98C.003. CONSTRUCTION OF CHAPTER. This chapter may | ||
| not be construed to impose liability on an interactive computer | ||
| service as defined by 47 U.S.C. Section 230(f) for content provided | ||
| by another person. | ||
| Sec. 98C.004. LIABILITY FOR ONLINE IMPERSONATION; | ||
| EXCEPTION. (a) Except as provided by Subsection (b), a person is | ||
| liable to another person injured by the person's online | ||
| impersonation if the person knowingly and with the intent to harm, | ||
| defraud, intimidate, or threaten the injured person used the online | ||
| impersonation to create a false identity. | ||
| (b) A person is not liable for an online impersonation of | ||
| which the sole purpose is satire or parody. | ||
| Sec. 98C.005. DAMAGES. (a) A claimant who prevails in an | ||
| action under this chapter shall be awarded actual damages, | ||
| including expenditures made by the claimant related to counseling, | ||
| identity theft, or libel. The defendant's profits attributable to | ||
| the defendant's online impersonation of the claimant may be | ||
| considered in the computation of actual damages. | ||
| (b) In addition to an award under Subsection (a), a claimant | ||
| who prevails in an action under this chapter may recover exemplary | ||
| damages of not less than $500. | ||
| (c) The court shall award costs and reasonable attorney's | ||
| fees to the prevailing party in any action under this chapter. | ||
| Sec. 98C.006. INJUNCTIVE RELIEF. A court in which an action | ||
| is brought under this chapter, on the motion of a claimant depicted | ||
| in the defendant's online impersonation, may issue a temporary | ||
| restraining order or a temporary or permanent injunction to | ||
| restrain and prevent the online impersonation of the claimant. | ||
| Sec. 98C.007. CAUSE OF ACTION CUMULATIVE. The cause of | ||
| action created by this chapter is cumulative of any other remedy | ||
| provided by common law or statute. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
