In one paragraph
Texas HB 421 (2025), as engrossed, would have added Business & Commerce Code Chapter 121 requiring the owner of a deep fake generator (a website or app operating in Texas that lets users create deep fake material) to verify the age of the person apparently depicted, using a commercially reasonable method, and barring it from allowing explicit deep fake material of an adult without written consent or of anyone under 18. A depicted person, or a minor's parent or guardian, could have sued for actual damages, court costs, attorney's fees and possibly exemplary damages. It passed the House, its chamber of origin, but died when the regular session adjourned June 2, 2025.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
No duties for businesses because the bill died. Had it passed, owners of deep fake generator sites and apps in Texas would have had to verify age and block non-consensual or minor explicit deepfakes, or face civil suits.
Key provisions
- 'Deep fake generator' means an Internet website or application operating in this state that allows a user to create or generate deep fake material; it does not include a separate platform on which deep fake material is posted, sent, or distributed (Sec. 121.001)
- Before explicit deep fake material is generated, the owner must verify the age of the person apparently depicted using a commercially reasonable age verification method (Sec. 121.002)
- The owner may not allow creation of explicit deep fake material apparently depicting an adult without that person's written consent, or any such material apparently depicting a person younger than 18
- Private cause of action against the owner by the person depicted, or a parent or guardian if the person is younger than 18 (Sec. 121.003)
- Prevailing plaintiff recovers actual damages including mental anguish, court costs and reasonable attorney's fees, and may also recover exemplary damages; remedy is cumulative of other law
- Would have applied only to causes of action accruing on or after its September 1, 2025 effective date; it passed the House but no enrolled version exists, so it died at sine die adjournment
Latest legislative action
Apr 30, 2025. Referred to Criminal Justice
Sponsors
| Name | Role | District |
|---|---|---|
| Armando Walle D | Sponsor | HD-140 |
| Maria Flores D | Sponsor | HD-051 |
| Mary Gonzalez D | Sponsor | HD-075 |
| Mihaela Plesa D | Sponsor | HD-070 |
| Penny Morales Shaw D | Sponsor | HD-148 |
Roll call votes
H Read 3rd time RV#756 Apr 29, 2025
147 yea0 nay3 otherPassed
H Read 2nd time RV#665 Apr 28, 2025
144 yea0 nay6 otherPassed
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error