HB 2795

relating to criminal offenses for creating and distributing certain
misleading images and videos; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The heading to Section 255.004, Election Code,
Sec. 255.004.  FALSE IMAGES, VIDEOS, AND SOURCES [TRUE
SECTION 2.  Section 255.004, Election Code, is amended by
amending Subsections (c), (d), and (e) and adding Subsections (d-1)
(c)  An offense under Subsection (a), (b), or (d) [this
section] is a Class A misdemeanor.  An offense under Subsection
(d-1) is a Class B misdemeanor.
(d)  A person commits an offense if the person, with the
intent to deceive and with the intent to injure a candidate or
influence the result of an election:
(1)  creates or causes to be created a deep fake video;
(2)  publishes, distributes, or causes [the deep fake
video] to be published or distributed the deep fake video [within 30
(d-1)  A person commits an offense if the person, with the
intent to deceive and influence the result of an election:
(1)  creates or causes to be created an altered image;
(2)  publishes, distributes, or causes to be published
or distributed the altered image.
(d-2)  It is an affirmative defense to prosecution for an
offense under Subsection (d-1) if the person includes on the image a
clear label stating that the image is altered.
(1)  "Altered image" means an image that has been
manipulated to change the physical appearance of an individual or
depict an individual performing an action that did not occur.  The
(A)  a cartoon, caricature, or any other image
that a reasonable viewer would understand to be a satirical
representation of the individual; or
(B)  an image altered only to change the
saturation, brightness, contrast, color, or any other superficial
(2)  "Deep ["deep] fake video" means a video[, created
with the intent to deceive,] that appears to depict a real person
performing an action that did not occur in reality.
SECTION 3.  The change in law made 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 section, an offense was committed before the
effective date of this Act if any element of the offense occurred
SECTION 4.  This Act takes effect September 1, 2025.