Bill Text: TX HB783 | 2025-2026 | 89th Legislature | Enrolled

Texas House Bill 783

Bill Title: Relating to civil liability for online impersonation.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB783 Detail]

Download: Texas-2025-HB783-Enrolled.html



	H.B. No. 783




	AN ACT
	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, or likeness in visual material
	on a social media platform 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) "Social media platform" has the meaning assigned
	by Section 120.001, Business & Commerce Code.
	(3) "Visual material" has the meaning assigned by
	Section 43.26, Penal Code.
	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:
	(1) 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; and
	(2) the online impersonation is, to a reasonable
	person, virtually indistinguishable from an actual person.
	(b) A person is not liable for an online impersonation of
	which a 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, 2025.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 783 was passed by the House on May 8,
	2025, by the following vote: Yeas 118, Nays 27, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 783 on May 29, 2025, by the following vote: Yeas 102, Nays 28,
	2 present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 783 was passed by the Senate, with
	amendments, on May 27, 2025, by the following vote: Yeas 27, Nays
	4.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor