HB 581

relating to the creation of artificial sexual material harmful to
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)  "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
(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
SECTION 4.  Section 129B.002, Civil Practice and Remedies
Code, is amended by adding Subsection (a-1) and amending Subsection
(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
(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
(A)  government-issued identification; or
(B)  a commercially reasonable method that relies
on public or private transactional data to verify the age of an
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
SECTION 8.  This Act takes effect September 1, 2025.