SB2682 - Relating to civil liability for online impersonation.

  89R2891 AMF-F     By: Hinojosa of Hidalgo S.B. No. 2682       A BILL TO BE ENTITLED   AN ACT   relating to civil liability for online impersonation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 4, Civil Practice and Remedies Code, is   amended by adding Chapter 98C to read as follows:   CHAPTER 98C. LIABILITY FOR ONLINE IMPERSONATION           Sec. 98C.001.  DEFINITIONS. In this chapter:                 (1)     "Online impersonation" means a person's use of an   individual's name, voice, signature, photograph, or likeness   through social media without that individual's consent or, if the   individual is a minor, the consent of that individual's parent,   legal guardian, or managing conservator.                 (2)     "Photograph" includes any photograph or   photographic reproduction, still or moving, or any videotape or   live television transmission of any individual in which the   individual is readily identifiable.                 (3)     "Readily identifiable" means identifiable using   only the naked eye to reasonably determine the identity of an   individual in a photograph.                 (4)     "Social media" means a form of electronic   communication through which users create online communities to   share information, ideas, personal messages, and other content.           Sec.   98C.002.     APPLICABILITY OF CHAPTER. This chapter does   not apply to a law enforcement agency or a law enforcement agency   employee acting within the scope of employment in investigating   Internet crimes.           Sec.   98C.003.     CONSTRUCTION OF CHAPTER. This chapter may   not be construed to impose liability on an interactive computer   service as defined by 47 U.S.C. Section 230(f) for content provided   by another person.           Sec.   98C.004.     LIABILITY FOR ONLINE IMPERSONATION;   EXCEPTION. (a)   Except as provided by Subsection (b), a person is   liable to another person injured by the person's online   impersonation if the person knowingly and with the intent to harm,   defraud, intimidate, or threaten the injured person used the online   impersonation to create a false identity.           (b)     A person is not liable for an online impersonation of   which the sole purpose is satire or parody.           Sec.   98C.005.     DAMAGES. (a)   A claimant who prevails in an   action under this chapter shall be awarded     actual damages,   including expenditures made by the claimant related to counseling,   identity theft, or libel. The defendant's profits attributable to   the defendant's online impersonation of the claimant may be   considered in the computation of actual damages.           (b)     In addition to an award under Subsection (a), a claimant   who prevails in an action under this chapter may recover exemplary   damages of not less than $500.           (c)     The court shall award costs and reasonable attorney's   fees to the prevailing party in any action under this chapter.           Sec.   98C.006.     INJUNCTIVE RELIEF. A court in which an action   is brought under this chapter, on the motion of a claimant depicted   in the defendant's online impersonation, may issue a temporary   restraining order or a temporary or permanent injunction to   restrain and prevent the online impersonation of the claimant.           Sec.   98C.007.     CAUSE OF ACTION CUMULATIVE. The cause of   action created by this chapter is cumulative of any other remedy   provided by common law or statute.          SECTION 2.  This Act takes effect September 1, 2025.