Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 421 proposes creating a new chapter in the Texas Business & Commerce Code, titled “Creation of Explicit Deep Fake Material.” The bill addresses growing concerns over the misuse of artificial intelligence (AI) and digital tools to create highly realistic, but deceptive, explicit images or videos of real individuals without their consent. It specifically targets businesses and applications that provide services allowing users to create deep fake content.

Under the bill, "deep fake generators" — websites or apps that produce deep fake material — must verify the age of individuals depicted in explicit deep fake content before allowing its creation. If a person depicted is under 18 years old, the creation of such material is completely prohibited. If the person depicted is an adult (18 or older), their written consent must be obtained before any explicit deep fake material can be generated. These protections are designed to prevent exploitation, particularly of minors, and to ensure that adults maintain control over their personal likenesses.

The bill also establishes a private cause of action for individuals whose images are misused in violation of these rules. Victims — or their parents or guardians if they are minors — may seek actual damages, including compensation for mental anguish, court costs, attorney's fees, and exemplary damages. Importantly, the legislation relies on private enforcement through the civil court system, avoiding significant expansion of criminal penalties or state regulation. The proposed law applies only to violations occurring after the bill’s effective date.

The originally filed version of HB 421 placed regulatory responsibilities directly on the "deep fake generator," — treating the website or application itself as the entity responsible for compliance. In contrast, the Committee Substitute clarifies that it is the "owner of the deep fake generator" who must perform duties such as verifying the depicted individual’s age and obtaining written consent for generating explicit material. This important shift from machine-centered to owner-centered responsibility makes the bill stronger and more legally enforceable by clearly identifying a party who can be held accountable.

The Committee Substitute also refines the structure and language of the bill for better clarity. For example, it reorganizes the requirements around age verification and consent into distinct subsections, making it easier to read and apply. The substitute version emphasizes that no material depicting a minor can be created under any circumstances and explicitly prohibits creation without written consent for adults, strengthening the enforceability of these rules. These improvements ensure that the statute is more precise and user-friendly for courts, businesses, and potential victims.

Substantively, the two versions share the same core framework: both establish a private cause of action, allow for recovery of actual and exemplary damages, and apply only to causes of action arising on or after September 1, 2025. The Committee Substitute does not change the essential purpose of the bill but improves its legal clarity and enforcement mechanisms to better protect individuals from non-consensual deep fake exploitation.

Author (2)

Mary Gonzalez

Armando Walle

Co-Author (3)

Maria Flores

Penny Morales Shaw

Mihaela Plesa

Contact the Author

Rep. Mary Gonzalez

Capitol Phone:

(512) 463-0613

Capitol Office:

EXT E1.504

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 421 cannot be precisely determined at this time. According to the LBB and the Office of Court Administration, there is currently insufficient case-level data to estimate the number of potential lawsuits that could arise from the creation of the private cause of action authorized by the bill. Because enforcement is driven by private legal action rather than government investigation or prosecution, the actual impact on the courts would depend heavily on the volume of claims filed, which remains uncertain.

At the state level, any increased workload for Texas courts would result from new civil litigation initiated by individuals alleging violations of the new statute. However, without a way to predict how many explicit deep fake cases would be pursued, it is not possible to project added costs for court administration, staffing, or judicial resources. Similarly, no fiscal impact on state agencies responsible for broader regulation or enforcement is expected because the bill does not establish any new state administrative duties.

For local governments, the potential fiscal impact is also indeterminate. If a significant number of new cases are filed in local district courts, it could lead to increased case management costs, but the volume is speculative at this stage. Ultimately, because the bill leverages private enforcement mechanisms and does not mandate government action or new criminal penalties, any fiscal effects are likely to be minimal unless litigation volumes are unusually high.

Vote Recommendation Notes

HB 421 provides a narrowly tailored, liberty-enhancing solution to the growing problem of non-consensual, sexually explicit AI-generated deep fake content. As explained in the bill analysis, the misuse of deep fake technology, especially against minors, has led to emotional trauma, reputational harm, and even interruptions to schooling. To address this, the bill requires owners of deep fake generators to verify the age of individuals depicted and to secure written consent before generating explicit materials. It prohibits the creation of sexually explicit deep fakes involving minors entirely.

Importantly, the bill does not grow the size or scope of government. No new state agencies or regulatory programs are created, and no criminal penalties are added. Enforcement occurs solely through private rights of action, allowing victims to seek remedies through civil lawsuits without new enforcement costs for the state. Consequently, the burden on taxpayers remains minimal, with any fiscal impact tied only to unpredictable private litigation volumes.

While the bill imposes a modest regulatory burden on owners of deep fake generation platforms, it is appropriately limited: businesses must implement commercially reasonable age verification and obtain written consent for explicit adult content. These requirements are narrowly targeted to prevent serious privacy violations without imposing broader restrictions on businesses or individuals not involved in explicit content creation.

Concerning free speech and First Amendment implications, HB 421 is carefully crafted to avoid chilling legitimate expression. The bill applies only to sexually explicit material created with the intent to deceive. Satirical, humorous, political, or artistic uses of deep fake technology that do not involve sexual content or that are clearly not deceptive are unaffected. The bill therefore, respects First Amendment protections while providing a vital legal remedy for individuals harmed by explicit, deceptive misuse.

In summary, HB 421 enhances personal liberty, protects property and privacy rights, respects limited government principles, minimally impacts taxpayers, and preserves free expression. It addresses a real and emerging technological harm through proportionate and carefully focused means, and therefore, Texas Policy Research recommends that lawmakers vote YES on HB 421.

Individual Liberty: The bill empowers individuals to control the use of their own image, particularly protecting their dignity, privacy, and autonomy against non-consensual sexualized deep fake exploitation. It creates a clear civil right to seek justice if harmed.
Personal Responsibility: Owners of deep fake generators are required to act responsibly by verifying ages and securing consent. It puts the burden of ethical behavior on technology providers rather than forcing the victims to bear the consequences.
Free Enterprise: The bill imposes limited, targeted compliance obligations only on businesses that facilitate the creation of explicit deep fake materials. It does not interfere with general online speech, innovation, or businesses unrelated to explicit deep fakes.
Private Property Rights: A person's likeness — especially in sexualized contexts — is treated as a form of personal property. The bill protects individuals' exclusive control over how their image is used, consistent with established legal traditions around privacy and property.
Limited Government: No new government agencies or enforcement bodies are created. Enforcement is through private lawsuits, not taxpayer-funded bureaucracies. Thus, the state's role remains limited to maintaining an open court system for resolving disputes.

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