Bill Text: TX HB98 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to civil and criminal liability for the unlawful disclosure of intimate visual material.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-15 - Effective on 9/1/19 [HB98 Detail]
Download: Texas-2019-HB98-Enrolled.html
H.B. No. 98 |
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relating to civil and criminal liability for the unlawful | ||
disclosure of intimate visual material. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 98B.002(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) A defendant is liable, as provided by this chapter, to a | ||
person depicted in intimate visual material for damages arising | ||
from the disclosure of the material if: | ||
(1) the defendant discloses the intimate visual | ||
material without the effective consent of the depicted person and | ||
with the intent to harm that person; | ||
(2) at the time of the disclosure, the defendant knows | ||
or has reason to believe that the intimate visual material was | ||
obtained by the defendant or created under circumstances in which | ||
the depicted person had a reasonable expectation that the material | ||
would remain private; | ||
(3) the disclosure of the intimate visual material | ||
causes harm to the depicted person; and | ||
(4) the disclosure of the intimate visual material | ||
reveals the identity of the depicted person in any manner, | ||
including through: | ||
(A) any accompanying or subsequent information | ||
or material related to the intimate visual material; or | ||
(B) information or material provided by a third | ||
party in response to the disclosure of the intimate visual | ||
material. | ||
SECTION 2. Section 21.16(b), Penal Code, is amended to read | ||
as follows: | ||
(b) A person commits an offense if: | ||
(1) without the effective consent of the depicted | ||
person and with the intent to harm that person, the person | ||
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with the person's intimate parts exposed or engaged in sexual | ||
conduct; | ||
(2) at the time of the disclosure, the person knows or | ||
has reason to believe that the visual material was obtained by the | ||
person or created under circumstances in which the depicted person | ||
had a reasonable expectation that the visual material would remain | ||
private; | ||
(3) the disclosure of the visual material causes harm | ||
to the depicted person; and | ||
(4) the disclosure of the visual material reveals the | ||
identity of the depicted person in any manner, including through: | ||
(A) any accompanying or subsequent information | ||
or material related to the visual material; or | ||
(B) information or material provided by a third | ||
party in response to the disclosure of the visual material. | ||
SECTION 3. (a) Section 98B.002, Civil Practice and | ||
Remedies Code, as amended 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 applicable to the cause of action immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
(b) Section 21.16, Penal Code, as amended by this Act, | ||
applies only to an offense committed on or after the effective date | ||
of this Act. An offense committed before the effective date of this | ||
Act is governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this subsection, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
was committed before that date. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 98 was passed by the House on April | ||
25, 2019, by the following vote: Yeas 136, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 98 was passed by the Senate on May 19, | ||
2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |