S.B. No. 1960 introduces significant new provisions in the Texas Business & Commerce Code concerning digital replication rights for an individual's voice and visual likeness. It establishes Title 14A, defining "digital replicas" as highly realistic electronic representations of an individual's likeness and outlining the rights of individuals or right holders to authorize their use in digital formats. The bill clarifies that these rights are property rights that can be licensed but not assigned during the individual's lifetime, and they remain valid posthumously for a specified period. It also details the conditions for transferring or licensing these rights, including provisions for minors and postmortem transfers, while prohibiting unauthorized production or use of digital replicas without consent.

Additionally, the bill mandates that online service providers designate agents to handle notifications of violations related to unauthorized digital replicas, requiring them to publicly display the agent's contact information. It outlines the process for submitting notifications, the responsibilities of service providers upon receiving such notifications, and establishes penalties for false notices. The legislation also clarifies that only certain individuals, such as right holders or guardians of minors, can initiate legal action for unauthorized use, and it includes provisions for attorney's fees and the registration of postmortem digital replication rights. Notably, the bill allows for the restoration of removed material without incurring monetary liability and stipulates that existing contracts or testamentary instruments will take precedence in case of conflict with the new provisions. The effective date for these regulations is set for September 1, 2025.

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