House Bill No. 421 aims to address the creation and distribution of explicit deep fake material in Texas by introducing a new chapter to the Business & Commerce Code. The bill defines key terms such as "deep fake generator," "deep fake material," and "explicit deep fake material," establishing that explicit deep fake material is visual content that depicts a real person engaging in sexual conduct or exposing intimate parts, created with the intent to deceive. The bill mandates that deep fake generators must verify the age of individuals depicted in such material, prohibiting the creation of explicit deep fakes of individuals under 18 years old and requiring written consent for those who are 18 or older.

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

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