HB 421

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
(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
(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
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
(1)  actual damages, including damages for mental
(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
(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.