González Bill Puts 18-Plus Age Checks On Sexual Image Tools

The text as introduced · 672 words

89R1461 SCL-D

By: González of El Paso
H.B. No. 581

A BILL TO BE ENTITLED

AN ACT

relating to the creation of artificial sexual material harmful to

minors.

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

SECTION 1. The heading to Chapter 129B, Civil Practice and

Remedies Code, is amended to read as follows:

CHAPTER 129B. LIABILITY RELATED TO SEXUAL MATERIAL HARMFUL TO [ FOR

ALLOWING ] MINORS [ TO ACCESS PORNOGRAPHIC MATERIAL ]

SECTION 2. Section 129B.001, Civil Practice and Remedies

Code, is amended by amending Subdivision (1) and adding Subdivision

(1-a) to read as follows:

(1) "Artificial sexual material harmful to minors"

means computer-generated sexual material harmful to minors that was

produced, adapted, or modified using an artificial intelligence

application or other computer software in which a person is

recognizable as an actual person by the person's face, likeness, or

other distinguishing characteristic, such as a unique birthmark or

other recognizable feature.

(1-a) "Commercial entity" includes a corporation,

limited liability company, partnership, limited partnership, sole

proprietorship, or other legally recognized business entity.

SECTION 3. The heading to Section 129B.002, Civil Practice

and Remedies Code, is amended to read as follows:

Sec. 129B.002. PUBLICATION AND CREATION OF MATERIAL HARMFUL

TO MINORS.

SECTION 4. Section 129B.002, Civil Practice and Remedies

Code, is amended by adding Subsection (a-1) and amending Subsection

(b) to read as follows:

(a-1) A commercial entity that operates an Internet website

with a publicly accessible tool for creating artificial sexual

material harmful to minors or otherwise makes publicly available an

application for creating sexual material harmful to minors shall

use reasonable age verification methods as described by Section

129B.003 to verify an individual attempting to access the tool is 18

years of age or older.

(b) A commercial entity that performs the age verification

required by Subsection (a) or (a-1) or a third party that performs

the age verification required by Subsection (a) or (a-1) may not

retain any identifying information of the individual.

SECTION 5. Section 129B.003(b), Civil Practice and Remedies

Code, is amended to read as follows:

(b) A commercial entity required to use reasonable age

verification methods under Section 129B.002 [ that knowingly and

intentionally publishes or distributes material on an Internet

website ] or a third party that performs age verification under this

chapter shall require an individual to:

(1) provide digital identification; or

(2) comply with a commercial age verification system

that verifies age using:

(A) government-issued identification; or

(B) a commercially reasonable method that relies

on public or private transactional data to verify the age of an

individual.

SECTION 6. Chapter 129B, Civil Practice and Remedies Code,

is amended by adding Section 129B.0045 to read as follows:

Sec. 129B.0045. REQUIREMENTS FOR SOURCES OF ARTIFICIAL

SEXUAL MATERIAL HARMFUL TO MINORS. A commercial entity that

operates an Internet website with a publicly accessible tool for

creating artificial sexual material harmful to minors or otherwise

makes publicly available an application for creating artificial

sexual material harmful to minors shall ensure that an individual

used as a source for the material:

(1) is 18 years of age or older; and

(2) has consented to the use of the individual's face

and body as a source for the material.

SECTION 7. Section 129B.006(b), Civil Practice and Remedies

Code, is amended to read as follows:

(b) A civil penalty imposed under this section for a

violation of Section 129B.002 , [ or ] 129B.003 , or 129B.0045 may be

in an amount equal to not more than the total, if applicable, of:

(1) $10,000 per day that the entity operates an

Internet website or makes available an application in violation of

the age verification requirements of this chapter;

(2) $10,000 per instance when the entity retains

identifying information in violation of Section 129B.002(b); and

(3) if, because of the entity's violation of the age

verification requirements of this chapter, one or more minors

accesses sexual material harmful to minors, an additional amount of

not more than $250,000.

SECTION 8. This Act takes effect September 1, 2025.