Monitoring the Session

HB 421

González Deep Fake Bill Covers Only Fakes Made To Deceive

Died in committee

Verdict: Smells

SmellsNeeds review
Rep. Mary E. GonzálezDHouse 75
Why it's charged
The hole

THE TEXT

…“created with the intent to deceive, that appears to depict a real”…

Bill text, House committee report version (H)

Every duty only covers material made with intent to deceive. A generator can argue that output labeled as fake, or made to mock or harass rather than deceive, falls outside the chapter, which could reach the classmate cases the pitch describes.

The hole

Needs review · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the creation of certain explicit deep fake material; providing a private cause of action.

Caption from analyzed text · version H.

Summary

Label the output fake, and a generator can argue the chapter doesn’t apply.

The bill requires websites and apps in Texas that let users make deep fake images to verify the age of the person shown before making sexually explicit fakes, to get written consent from adults shown, and to refuse to make any explicit fake of a minor. It touches the owners of deep fake generator sites and apps, and the people shown in explicit fakes, but not the separate platforms where such material is posted or shared. People shown in banned material, or parents of minors shown, can sue the owner for damages, court costs, attorney's fees and possible punitive damages, starting September 1, 2025.

Labels

Labels: GOT HALFWAY. Passed the House on Apr 29, 2025. Died in the Senate: never got out of the Criminal Justice committee.

Receipt

The receipt

89R-HB421 · 2024-11-12

SOLD BY

Rep. Mary E. GonzálezDHouse 75 Rep. Armando WalleDHouse 140

+ 3 coauthors

ITEM

relating to the creation of certain explicit deep fake material; providing a private cause of action.

WHAT IT DOES

Label the output fake, and a generator can argue the chapter doesn’t apply.

The bill requires websites and apps in Texas that let users make deep fake images to verify the age of the person shown before making sexually explicit fakes, to get written consent from adults shown, and to refuse to make any explicit fake of a minor. It touches the owners of deep fake generator sites and apps, and the people shown in explicit fakes, but not the separate platforms where such material is posted or shared. People shown in banned material, or parents of minors shown, can sue the owner for damages, court costs, attorney's fees and possible punitive damages, starting September 1, 2025.

CHARGES

[x] THE HOLEanalysis confidence 40%

THE TEXT

…“created with the intent to deceive, that appears to depict a real”…

Bill text, House committee report version (H)

Every duty only covers material made with intent to deceive. A generator can argue that output labeled as fake, or made to mock or harass rather than deceive, falls outside the chapter, which could reach the classmate cases the pitch describes.

TOTAL

No first-year general revenue figure available here.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · March 30, 2025

The fiscal implications of the bill cannot be determined due to a lack of case-level data.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Judiciary & Civil Jurisprudence
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Committee substitute considered in committee
  10. Reported favorably as substituted
  11. Comte report filed with Committee Coordinator
  12. Committee report distributed
  13. Committee report sent to Calendars
  14. Considered in Calendars
  15. Placed on General State Calendar
  16. Read 2nd time
  17. Passed to engrossment
  18. Record vote RV#665
  19. Statement(s) of vote recorded in Journal
  20. Read 3rd time
  21. Passed
  22. Record vote RV#756
  23. Statement(s) of vote recorded in Journal
  24. Reported engrossed
  25. Received from the House
  26. Read first time
  27. Referred to Criminal Justice
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

…“owner of a deep fake generator who violates this chapter.”

Bill text, House committee report version (H)

The bill limits what deep fake software may generate and enforces the limits through private lawsuits with mental anguish and punitive damages against generator owners.

SIGNED FOR BY

House · 147 yea · 0 nay

Sources

House: Final passage · Apr 29, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Mary E. González

Donors

Texas Trial Lawyers Association PAC$10KCoalition for Working Families PAC$10KTexas Sands PAC$8K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 16, 2024 to Jun 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$10,000.00

Texas Trial Lawyers Association PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 11, 2024 to Mar 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100985912, 101032788, 101058648.

Coalition for Working Families PAC$10,000.00

Coalition for Working Families PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 24 other sitting lawmakers.

Derived recipient stock · Dec 25, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jan 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101058648.

Texas Sands PAC$8,000.00

Texas Sands PAC

$8,000.00

Cash
$8,000.00
Paid by others
$0.00
Total
$8,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jul 22, 2024 to Dec 9, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100985912.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 11, 2024 to Mar 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100985912, 101032788, 101058648.

×

Coalition for Working Families PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 24 other sitting lawmakers.

Derived recipient stock · Dec 25, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jan 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101058648.

×

Texas Sands PAC

$8,000.00

Cash
$8,000.00
Paid by others
$0.00
Total
$8,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jul 22, 2024 to Dec 9, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100985912.

Votes2

House Apr 29, 2025

Yea
147
Nay
0
Present, not voting
1
Absent
1
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 756

HB 421 was passed by (Record 756): 147 Yeas, 0 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 147 (published)
  • Nay: 0 (published)
  • Present, not voting: 1 (published)
  • Absent: 1 (derived from named list)
  • Excused: 1 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House Apr 28, 2025

Yea
144
Nay
0
Present, not voting
1
Absent
4
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 665

CSHB 421 was passed to engrossment by (Record 665): 144 Yeas, 0 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 144 (published)
  • Nay: 0 (published)
  • Present, not voting: 1 (published)
  • Absent: 4 (derived from named list)
  • Excused: 1 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses12
For
10
Against
0
On
2
Names

For

  • Children at Risk1 registration
  • David’s Legacy Foundation1 registration
  • El Paso County1 registration
  • Harris County Deputies’ Organization FOP#391 registration
  • Public Citizen1 registration
  • Self1 registration
  • Self; Houston Police Officers’ Union1 registration
  • Texas Catholic Conference of Bishops1 registration
  • Texas Council on Family Violence1 registration
  • Texas Municipal Police Association (TMPA)1 registration

On

  • Department of Public Safety1 registration
  • TechNet1 registration
Sources

12 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No first-year general revenue figure available here.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · March 30, 2025

The fiscal implications of the bill cannot be determined due to a lack of case-level data.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Nov 12, 2024

04/30/2025 S Referred to Criminal Justice

Texas Legislature Online · Introduced · House Committee Report · Engrossed

Data snapshot Nov 1, 2026 at 1:38 PM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors
Lulu FloresDHouse 51 Penny Morales ShawDHouse 148 Mihaela PlesaDHouse 70

House committee · Judiciary & Civil Jurisprudence · Committee vote 11 aye, 0 nay · Out of committee

Senate committee · Criminal Justice · Final status: Died in committee

Subjects

Artificial Intelligence (IQ7C5)

Business & Commerce--General

Civil Remedies & Liabilities

Consumer Protection

Crimes--Against Persons--Sexual

Electronic Information Systems

Minors--Crimes Against

INTERNET

Text

The text as introduced · 469 words

89R1355 MLH-D

By: González of El Paso
H.B. No. 421

A BILL TO BE ENTITLED

AN ACT

relating to the creation of certain explicit deep fake material;

providing a private cause of action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is

amended by adding Chapter 121 to read as follows:

CHAPTER 121. CREATION OF EXPLICIT DEEP FAKE MATERIAL

Sec. 121.001. DEFINITIONS. In this chapter:

(1) "Deep fake generator" means an Internet website or

application operating in this state that allows a user to create or

generate deep fake material using software provided by the website

or application. The term does not include a separate platform on

which deep fake material is posted, sent, or distributed.

(2) "Deep fake material" means visual material,

created with the intent to deceive, that appears to depict a real

person performing an action that did not occur in reality.

(3) "Explicit deep fake material" means deep fake

material that appears to depict a real person engaging in sexual

conduct or other conduct resulting in the exposure of the person's

intimate parts.

(4) "Intimate parts," "sexual conduct," and "visual

material" have the meanings assigned by Section 21.16, Penal Code.

Sec. 121.002. REQUIRED AGE VERIFICATION. (a) Before

creating or generating explicit deep fake material, a deep fake

generator shall verify the age of the person apparently depicted by

the explicit deep fake material using a commercially reasonable age

verification method.

(b) A deep fake generator may not create or generate

explicit deep fake material apparently depicting a person who is at

least 18 years old without the written consent of the person.

(c) A deep fake generator may not create or generate

explicit deep fake material apparently depicting a person who is

younger than 18 years old.

Sec. 121.003. PRIVATE CAUSE OF ACTION. (a) A person in

this state apparently depicted by explicit deep fake material in

violation of this chapter, or the person's parent or guardian if the

person is younger than 18 years old, may bring an action against a

deep fake generator who violates this chapter.

(b) A person who prevails in an action under this section

shall be awarded:

(1) actual damages, including damages for mental

anguish;

(2) court costs; and

(3) reasonable attorney's fees.

(c) In addition to an award under Subsection (b), a person

who prevails in an action under this section may recover exemplary

damages.

(d) A cause of action under this section is cumulative of

any other remedy provided by common law or statute.

SECTION 2. Section 121.003, Business & Commerce Code, as

added by this Act, applies only to a cause of action that accrues on

or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.