Relating to criminal and civil liability related to sexually explicit media and artificial intimate visual material; creating a criminal offense; increasing a criminal penalty.

Contracts

• Terms of Service (ToS): AI developers must explicitly prohibit the creation of deep fake media in user agreements *prior* to granting access to qualify for affirmative defenses.
• Vendor SLAs: Contracts with third-party content moderators must be amended to guarantee review and removal actions within 48 hours to ensure the business meets the statutory 72-hour deadline.
• Model Releases: Standard releases are insufficient for digital replicas. You must utilize a new "Plain Language" consent agreement specifically describing the deep fake media and its intended use.

Hiring/Training

• Moderation Staffing: Operational hours must likely expand to include weekends or on-call rotations. The 72-hour removal deadline does not pause for weekends or holidays.
• Technical Training: Staff must be trained to distinguish between "authentic" and "artificial" visual material and how to utilize hash-matching tools to identify identical copies.

Reporting & Record-Keeping

• Removal Request Portal: You must deploy an easily accessible, user-facing system specifically for reporting artificial intimate material.
• Compliance Logs: To defend against DTPA claims, maintain immutable logs documenting:
• 1. Exact time of request receipt.
• 2. Exact time of content removal.
• 3. Technical steps taken to identify and remove identical copies across the platform.

Fees & Costs

• Operational Costs: Expect increased costs for 24/7 moderation coverage and implementation of hash-matching/content-scanning software.
• Litigation Risk: Violation of the removal provision constitutes a Deceptive Trade Practice, exposing the business to treble (3x) damages and mandatory attorneys' fees.