Texas Nonconsensual Intimate Deepfakes (SB 441)
Effective date
Penalty
Criminal: Class A misdemeanor (up to 1 year jail, $4,000 fine) for creation or distribution. Class B misdemeanor for threats. Elevated to felony if a minor i…
Obligations mapped
Tracked
Overview
Criminalizes creating and distributing nonconsensual intimate deepfakes. Creates civil liability for victims. Platforms must take down reported content within 72 hours. Consent to create an image does not constitute consent to share it.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- Organizations operating in Texas
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
SB 441
AI categories covered
- Consumer-facing AI
Specific AI use cases:
- Content generation
- synthetic media manipulation
- voice likeness synthesis
- political synthetic media
What this requires you to do
Detailed obligation packs are not yet mapped for this entry in XIRA. Obligation areas from the catalog are listed below.
What this requires you to do
Prohibited practices
Avoid conduct the statute bans, including harmful manipulation and intentional discrimination.
Consumer notification required
Notify consumers. Inform consumers about how AI affects decisions that impact them.
Record-keeping required
Maintain records. Keep documentation of your AI systems, decisions made, and compliance activities.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
Criminal: Class A misdemeanor (up to 1 year jail, $4,000 fine) for creation or distribution. Class B misdemeanor for threats. Elevated to felony if a minor is involved. Civil damages via private right of action.
Private right of action: plaintiffs may bring direct claims in addition to government enforcement.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Legislative history
effective
Takes effect
signed
HB 449 (companion bill) vetoed at author request since SB 441 is more comprehensive
signed
Signed by Governor Abbott
Related regulations
- In EffectFederal
TAKE IT DOWN Act (S. 146)
Requires covered online platforms to remove reported nonconsensual intimate imagery, including AI-generated deepfakes, within a short deadline after a valid notice. Dual effective dates: criminal provisions effective May 19, 2025 (date signed into law). Platform compliance deadline: May 19, 2026 (one year after signing). First federal law limiting the use of AI in ways harmful to individuals. Covers both authentic NCII and AI-generated deepfakes. Does not preempt state laws. FTC jurisdiction extended to nonprofit entities. First and only enacted federal AI-specific law signed by the Trump administration. Bipartisan 409-2 House vote, unanimous Senate passage.
Effective
- In EffectAI-Specific
California Non-Consensual Deepfake Pornography (SB 926)
Criminalizes creation and distribution of realistic deepfake intimate images without consent, if the creator or distributor knew or should have known it would cause serious emotional distress. Applies to AI-generated content.
Effective
- In EffectAI-Specific
Texas SB 1188 - Healthcare AI Practitioner Disclosure
Requires healthcare providers using AI-enabled clinical support features in electronic health record workflows to disclose AI involvement in clinical decision support contexts. Applies to AI-assisted diagnosis, treatment recommendations, and clinical support pathways in covered settings.
Effective
- In EffectAI-Specific
Texas TRAIGA (Responsible Artificial Intelligence Governance Act, HB 149)
Texas RAIGA (HB 149) prohibits AI systems from intentionally manipulating behavior to cause harm, infringing constitutional rights, or discriminating against protected classes. Where applicable, government agencies may need to disclose AI interactions. Updates biometric consent for AI training data. Creates a regulatory sandbox program. AG exclusive enforcement with 60-day cure period. Intent-based liability standard (no disparate impact).
Effective
- In EffectPrivacy ADM
Texas Data Privacy and Security Act, Profiling Provisions (HB 4)
Texas comprehensive privacy law with profiling provisions. Requires data protection assessments for profiling that presents a risk of harm. Consumer opt-out for profiling producing legal or similarly significant effects, targeted advertising, and sale of personal data. Universal opt-out mechanism required for covered profiling opt-outs. Broad applicability: no revenue or data volume thresholds (unlike many state privacy laws). Small businesses as defined by the SBA are exempt. The 30-day cure period is permanent with no sunset. Profiling opt-out applies to decisions with legal or similarly significant effects, not all profiling.
Effective
- In EffectAI-Specific
Texas TRAIGA Biometric and AI Training Amendments (HB 149, 89th Legislature)
Amends the Texas Capture or Use of Biometric Identifier Act (CUBI) and related Business and Commerce Code provisions for biometric data used with AI. Relaxes CUBI for AI training with a carveout for publicly available data and adds anti-scraping consent requirements for biometric identifiers. Enforced under the same HB 149 TRAIGA framework as the core act: intent-based liability, 60-day cure, preemption of local AI rules, and the statutory penalties and safe harbors that apply to TRAIGA generally.
Effective
- In EffectAI-Specific
Texas Government AI Ethics and Oversight (SB 1964)
Requires Texas state agencies and local governments to inventory AI systems, adopt an AI code of ethics aligned with NIST AI RMF, conduct impact assessments for AI that autonomously influences consequential decisions, and disclose AI use to affected individuals. Applies to government entities only, not the private sector.
Effective
Texas AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.