Relating to the inclusion of provenance data on certain content created or posted on a social media platform.

The text as introduced · 891 words

90R5237 SCR-D

By: Lalani
H.B. No. 248

A BILL TO BE ENTITLED

AN ACT

relating to the inclusion of provenance data on certain content

created or posted on a social media platform.

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

SECTION 1. Chapter 120, Business & Commerce Code, is

amended by adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. PROVENANCE DATA

Sec. 120.081. DEFINITIONS. In this subchapter:

(1) "Artificial intelligence system" means machine

learning and related technology that uses data to train statistical

models for the purpose of enabling computer systems to perform

tasks normally associated with human intelligence or perception,

such as computer vision, speech or natural language processing, and

content generation.

(2) "Generative artificial intelligence" means an

artificial intelligence system designed to emulate the structure

and characteristics of provided data to generate derived synthetic

digital content, including images, videos, audio, text, and other

digital content.

(3) "Provenance data" means metadata on a file that

can be used to identify:

(A) the date and place of the file's origin;

(B) the method used to generate the file,

including whether the file was generated using generative

artificial intelligence; or

(C) the file's history, including the manner in

which the file has been transmitted or stored.

Sec. 120.082. CONTENT CREATED ON SOCIAL MEDIA PLATFORM.

(a) A social media platform shall attach provenance data to each

photo, video, or audio file created using tools provided by the

social media platform that use generative artificial intelligence.

(b) A social media platform shall retain all provenance data

attached to a photo, video, or audio file under this section.

(c) Provenance data attached to a photo, video, or audio

file or retained under this section must:

(1) be attached and retained in a manner and format

that complies with guidelines or specifications that are:

(A) created by an established standard-setting

entity in the industry; and

(B) widely adopted by other entities in the

industry;

(2) state that the photo, video, or audio file has been

created or modified using generative artificial intelligence; and

(3) state the name of the generative artificial

intelligence tool and the name of the person who provides the tool.

(d) A social media platform shall provide or contract with a

third party to provide a method by which a user may easily access

the provenance data attached to a photo, video, or audio file under

this section.

(e) A social media platform is not required to comply with

the provisions of this section if the social media platform

provides to the attorney general clear and convincing documentation

showing that the social media platform:

(1) does not have the technological capacity to comply

with the requirements of this section; and

(2) is actively taking steps toward obtaining the

technological capacity to comply with the requirements of this

section.

Sec. 120.083. CONTENT POSTED ON SOCIAL MEDIA PLATFORM. (a)

A social media platform shall attach provenance data to each photo,

video, or audio file posted on the social media platform for which:

(1) the social media platform can discern the file's

provenance data; and

(2) the file's provenance data states that the photo,

video, or audio file was created or modified using generative

artificial intelligence.

(b) A social media platform shall retain all provenance data

attached to a photo, video, or audio file under this section.

(c) Provenance data attached to a photo, video, or audio

file or retained under this section must:

(1) be attached and retained in a manner and format

that complies with guidelines or specifications that are:

(A) created by an established standard-setting

entity in the industry; and

(B) widely adopted by other entities in the

industry;

(2) state that the photo, video, or audio file has been

created or modified using generative artificial intelligence; and

(3) state the name of the generative artificial

intelligence tool and the name of the person who provides the tool.

(d) A social media platform shall provide or contract with a

third party to provide a method by which a user may easily access

the provenance data attached to a photo, video, or audio file under

this section.

(e) A social media platform is not required to comply with

the provisions of this section if the social media platform

provides to the attorney general clear and convincing documentation

showing that the social media platform:

(1) does not have the technological capacity to comply

with the requirements of this section; and

(2) is actively taking steps toward obtaining the

technological capacity to comply with the requirements of this

section.

(f) This section may not be construed to require a social

media platform to independently verify the accuracy or authenticity

of provenance data provided to the social media platform by a third

party or user.

(g) A social media platform is not liable for inaccurate

provenance data attached to a photo, video, or audio file or

retained under this section if:

(1) the provenance data was provided to the social

media platform by a third party or user;

(2) the social media platform did not knowingly modify

the provenance data;

(3) the social media platform relied in good faith on

the provenance data provided; and

(4) the social media platform has implemented

reasonable and appropriate measures to comply with the requirements

of this section.

SECTION 2. This Act takes effect September 1, 2027.