H.B. No. 421 introduces new regulations concerning the creation of explicit deep fake material in Texas. The bill adds Chapter 121 to Subtitle C, Title 5 of the Business & Commerce Code, defining key terms such as "deep fake generator," "deep fake material," and "explicit deep fake material." It mandates that owners of deep fake generators must verify the age of individuals depicted in explicit deep fake content, ensuring that no material is created featuring individuals under 18 years old or those over 18 without their written consent.

Additionally, the bill establishes a private cause of action for individuals depicted in explicit deep fake material, allowing them or their guardians to sue the owner of the deep fake generator for violations. Successful plaintiffs can recover actual damages, court costs, reasonable attorney's fees, and potentially exemplary damages. The provisions of this bill will take effect on September 1, 2025, and apply only to causes of action that accrue on or after that date.

Statutes affected:
Introduced: ()
House Committee Report: ()