Bill Text: TX SB997 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the publication of certain photographs of human remains by certain individuals for a purpose other than an authorized purpose; providing a civil penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB997 Detail]
Download: Texas-2023-SB997-Enrolled.html
| S.B. No. 997 | ||
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| relating to the publication of certain photographs of human remains | ||
| by certain individuals for a purpose other than an authorized | ||
| purpose; providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act shall be known as the Kobe and Gianna | ||
| Bryant Act. | ||
| SECTION 2. Subtitle A, Title 8, Health and Safety Code, is | ||
| amended by adding Chapter 672A to read as follows: | ||
| CHAPTER 672A. PROHIBITED PUBLICATION OF CERTAIN PHOTOGRAPHS OF | ||
| HUMAN REMAINS | ||
| Sec. 672A.001. DEFINITIONS. In this chapter: | ||
| (1) "Human remains" has the meaning assigned by | ||
| Section 711.001. | ||
| (2) "Publish" means to display, present, or release a | ||
| photograph to an unauthorized person, or to cause a photograph to be | ||
| displayed, presented, or released to an unauthorized person. | ||
| Sec. 672A.002. PROHIBITED PUBLICATION OF CERTAIN | ||
| PHOTOGRAPHS DEPICTING HUMAN REMAINS. (a) An individual may not | ||
| publish a photograph of human remains that the individual obtained | ||
| while acting within the course and scope of the individual's duties | ||
| as an officer or employee of this state or a political subdivision | ||
| of this state. | ||
| (b) For purposes of Subsection (a), a photograph is | ||
| considered to have been published if the photograph is: | ||
| (1) displayed to an unauthorized person; | ||
| (2) released to an unauthorized person by any delivery | ||
| method, including text message, e-mail, or facsimile; | ||
| (3) posted on a social media platform; or | ||
| (4) sold to a news publication. | ||
| Sec. 672A.003. CIVIL PENALTY. (a) An individual who | ||
| violates Section 672A.002 is liable for a civil penalty in an amount | ||
| not to exceed $10,000 for each violation. | ||
| (b) The attorney general or the appropriate county or | ||
| district attorney may sue to collect the civil penalty provided by | ||
| Subsection (a) and may recover attorney's fees and costs incurred | ||
| in obtaining relief under this section. | ||
| (c) It is a defense to liability for a civil penalty under | ||
| this section that: | ||
| (1) the individual published the photograph of human | ||
| remains for an official law enforcement, scientific, educational, | ||
| research, or medical purpose, or as part of a civil proceeding; or | ||
| (2) the photograph was published in a documentary film | ||
| or television show with the approval of the chief medical examiner, | ||
| coroner, or commissioners court, as applicable, and the remains are | ||
| unidentifiable. | ||
| (d) A defendant may not assert official immunity as a | ||
| defense in an action brought under this section. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 997 passed the Senate on | ||
| April 26, 2023, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 997 passed the House on | ||
| May 24, 2023, by the following vote: Yeas 137, Nays 1, | ||
| one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
