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HB3133

Regular Session

Relating to user reports of explicit deep fake material on social media platforms.

Critical
Medium Cost
Effective:2025-06-20
HB3133
Relating to user reports of explicit deep fake material on social media platforms.
Critical Urgency
Passed with Opposition
House Vote122 - 0
YEA
100% in favor122 voting
Senate Vote29 - 2
YEA
94% in favor31 voting
2
Total Opposition Votes
Cost Impact
Medium
Effective
2025-06-20
Enforcing Agencies
Office of the Attorney General
Primary Author: Rep. Salman Bhojani
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025
  • Compliance Deadline: Immediate. Due to the supermajority vote, the standard September 1 implementation buffer does not apply. You must be compliant today.
  • Agency Rulemaking: The Office of the Attorney General (OAG) enforces this statute. While no specific rulemaking schedule is mandated, the OAG will interpret "Deceptive Trade Practices" based on existing Chapter 17 precedents.

Immediate Action Plan

  • Segregate Queues: Immediately configure intake forms to route "Deep Fake" reports to a priority T&S queue distinct from general abuse.
  • Automate Communications: Deploy auto-responders to satisfy the "immediate confirmation" and "7-day status update" statutory requirements.
  • Update ToS: Revise user agreements to eliminate notice/appeal obligations for deep fake removals to prevent breach of contract claims from banned uploaders.
  • Verify Insurance: Consult brokers to ensure your E&O policy covers Deceptive Trade Practices Act (DTPA) claims, as this is the new penalty mechanism.

Operational Changes Required

Contracts

  • Vendor MSAs: Update Master Services Agreements with content moderation vendors. Standard 24-48 hour SLAs are legally insufficient for this category. Renegotiate for "priority queue" handling.
  • Terms of Service (ToS): Revise user agreements to explicitly waive notice and appeal rights for uploaders of deep fake content, aligning with Section 120.103(b)(3).

Hiring/Training

  • Moderator Authority: Retrain Trust & Safety teams on the new "Takedown-First" standard. Moderators must be authorized to suspend content *immediately* upon a credible report, reversing the standard "investigate then remove" adjudication flow.
  • Triage Protocols: Intake staff must be trained to identify and route "Explicit Deep Fake" reports to a dedicated high-priority workflow.

Reporting & Record-Keeping

  • Automated Workflows: Configure CRM/Ticket systems to trigger two mandatory communications:
  • 1. Immediate: Confirmation of receipt to the reporting user.
  • 2. Day 7: A written status update to the reporting user regarding the removal decision.
  • Hash Database: Maintain a digital fingerprint (hash) database of all removed deep fake content to automate the blocking of re-uploads.

Fees & Costs

  • Insurance Premiums: Budget for potential increases in Cyber/E&O insurance. Confirm your policy covers DTPA violations; many standard policies exclude consumer protection claims.
  • Litigation Reserves: The classification of these violations as DTPA allows for treble (3x) damages and attorney's fees, significantly increasing the cost of non-compliance.

Strategic Ambiguities & Considerations

  • "Immediately": The statute requires immediate confirmation and removal but does not define a minute-by-minute standard. Risk: Platforms relying on human-only triage for initial intake will likely fail this standard. Guidance: Automate the receipt confirmation.
  • "Measures to ensure... not posted again": The law implies a zero-tolerance standard for re-uploads but does not specify the technical threshold (exact hash vs. fuzzy hash). Risk: Relying solely on exact file matching exposes the platform to liability if slight alterations bypass filters.
  • "Appears to depict": This subjective standard places the burden of verification on the platform. Guidance: In borderline cases, the statutory safe harbor for restoration (Sec. 120.1025) suggests a "remove now, investigate later" approach is the only legally safe path.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 20, 2025
Passed House
May 2, 2025
Passed Senate
May 26, 2025
Signed
Jun 20, 2025
TopicsBusiness & CommerceBusiness & Commerce--generalElectronic Information SystemsMinorsMinors--crimes AgainstMinors--health & SafetyInternetArtificial IntelligenceCrimesCrimes--against PersonsCrimes--against Persons--sexualBusiness & Commerce--trade Practices
03

House Authors

Rep. Salman BhojaniDemocrat · Primary Author
Joint Authors
Coauthors (4)

Senate Sponsors

Sen. Joan HuffmanRepublican · Primary Sponsor
Cosponsors (2)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Salman Bhojani

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB3133

Q

What does Texas HB3133 do?

HB3133 is effective immediately, mandating that large social media platforms implement aggressive "takedown-first" protocols for reported explicit deep fake material. Violations are now classified as Deceptive Trade Practices (DTPA), exposing platforms to treble damages and Attorney General enforcement without a grace period or safe harbor for administrative delays. Implementation Timeline Effective Date: June 20, 2025 Compliance Deadline: Immediate.

Q

Who authored HB3133?

HB3133 was authored by Texas Representative Salman Bhojani during the Regular Session.

Q

When was HB3133 signed into law?

HB3133 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB3133?

HB3133 is enforced by Office of the Attorney General.

Q

How urgent is compliance with HB3133?

The compliance urgency for HB3133 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB3133?

The cost impact of HB3133 is estimated as "medium". This may vary based on industry and implementation requirements.

Q

What topics does HB3133 address?

HB3133 addresses topics including business & commerce, business & commerce--general, electronic information systems, minors and minors--crimes against.

Legislative data provided by LegiScanLast updated: November 25, 2025

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