TITLE: Relating to criminal offenses for creating and distributing certain misleading images, audio recordings, and videos; creating a criminal offense.

SUMMARY: Relating to criminal offenses for creating and distributing certain misleading images, audio recordings, and videos; creating a criminal offense.

FULL TEXT:
AN ACT relating to criminal offenses for creating and distributing certain misleading images, audio recordings, 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, is amended to read as follows: Sec. 255.004. FALSE MEDIA AND SOURCES [TRUE SOURCE] OF COMMUNICATION. SECTION 2. Section 255.004, Election Code, is amended by amending Subsections (c), (d), and (e) and adding Subsections (d-1), (d-2), and (d-3) to read as follows: (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 Bmisdemeanor. (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 or deep fake audio recording;and (2) publishes, distributes, or causes [the deep fake video] to be published or distributed the deep fake video or deep fake audio recording [within 30 days of an election].(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; and (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. (d-3) A person depicted in an altered image, deep fake audio recording, or deep fake video created, published, or distributed in violation of this section may bring an action for injunctive relief to prevent further violations of this section. (e) In this section:(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 the individual did not perform. The term does not include: (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 quality of the image. (2) "Deep fake audio recording" means an audio recording, created with the intent to deceive that appears to represent the words or sounds made by a real person that the person did not make. The term does not include:(A) an audio caricature or any other audio recording that a reasonable listener would understand to be a satirical representation of the individual; or (B) an audio recording altered only to change the speed, pitch, or any other superficial quality of the audio recording. (3) "Deep [ "deep] fake video" means a video [ created with the intent to deceive] that appears to depict a real person performing an action that the person did not perform [occur in reality].The term does not include: (A) a cartoon, caricature, or any other video that a reasonable viewer would understand to be a satirical representation of the individual; or (B) a video altered only to change the saturation, brightness, contrast, color, or any other superficial quality of the video.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 before that date. SECTION 4. This Act takes effect September 1, 2025.