H.B. No. 421 introduces new regulations concerning the creation of explicit deep fake material in Texas. The bill establishes Chapter 121 in 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 using a commercially reasonable method. Additionally, the bill prohibits the creation of explicit deep fake material involving individuals under 18 years old and requires written consent from individuals who are at least 18 years old.

Furthermore, the bill provides a private cause of action for individuals depicted in explicit deep fake material that violates these regulations. Affected individuals, or their guardians if they are minors, can sue the owner of the deep fake generator for damages, including mental anguish, court costs, and attorney's fees. The legislation allows for the recovery of exemplary damages and clarifies that this cause of action is in addition to any other legal remedies available. The provisions of this act will take effect on September 1, 2025.

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