TX HB449: Relating to the unlawful production or distribution of sexually explicit media using deep fake technology.

In one paragraph

Vetoed. Texas's HB 449 would have widened the Penal Code § 21.165 crime from deep fake videos to any deep fake media: a visual depiction made or altered with software, machine learning, AI or other technological means that appears to a reasonable person to show a real person, indistinguishable from an authentic depiction, doing something that did not happen. It would have dropped the "intent to deceive" element. Knowingly producing or distributing such media by electronic means, showing a person with intimate parts exposed or engaged in sexual conduct, without their consent, would have stayed an offense. Vetoed by the Governor June 22, 2025.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None: the bill was vetoed and never became law. It would have extended Texas's sexually explicit deep fake crime from videos to realistic visual depictions made or altered with AI or other means; SB 441, signed June 20, 2025, made that change.

Key provisions

1. 1Would have retitled Penal Code § 21.165 "Unlawful production or distribution of certain sexually explicit media" and replaced "deep fake video" with "deep fake media"
2. 2Deep fake media: a visual depiction created or altered through software, machine learning, artificial intelligence or any other computer-generated or technological means, including by manually or automatically altering an authentic depiction, that appears to a reasonable person to depict a real person, indistinguishable from an authentic depiction, performing an action that did not occur
3. 3Would have removed the existing requirement that the material be created with intent to deceive
4. 4Offense unchanged in substance: without the effective consent of the person appearing to be depicted, knowingly producing or distributing by electronic means deep fake media that appears to depict the person with intimate parts exposed or engaged in sexual conduct; the bill did not change the grade (a Class A misdemeanor under § 21.165(c))
5. 5Would have taken effect September 1, 2025 and applied only to offenses committed on or after that date
6. 6Passed the House May 6, 2025 and the Senate with amendments May 23, 2025; the House concurred May 28, 2025; vetoed by the Governor June 22, 2025. SB 441, signed June 20, 2025, enacted the same deep fake media definition along with other changes to § 21.165

Latest legislative action

Jun 22, 2025. Vetoed by the Governor

Sponsors (showing 5 of 9)

Roll call votes (showing 3 of 4)