H.B. No. 3950 introduces Title 14A to the Texas Business & Commerce Code, focusing on digital replication rights related to individuals' voices and visual likenesses. The bill defines key terms such as "digital replica" and "eligible plaintiff," and establishes that these rights are property rights that can be licensed but not assigned during an individual's lifetime. Notably, the rights do not expire upon death, allowing heirs or executors to transfer or license them. The legislation also regulates unauthorized use of digital replicas, requiring written consent from right holders for production or public distribution, while allowing certain exceptions, such as news broadcasts and educational uses, and prohibiting depictions of sexual conduct.

Additionally, the bill mandates online service providers to designate agents for reporting violations of unauthorized digital replicas and outlines the process for submitting notifications. It establishes penalties for false notices and clarifies that only specific individuals, like right holders or guardians of minors, can initiate legal actions for unauthorized use. The bill also includes provisions for attorney's fees and the registration of postmortem rights. Furthermore, it allows for the restoration of removed material without monetary liability and specifies that existing contracts or testamentary instruments will take precedence in case of conflicts with the new provisions. The regulations will apply only to conduct occurring after the bill's effective date of September 1, 2025.

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