{ "batch": "175-texas-privacy-and-image-law-for-creators", "articles": [ { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_statute_index_anchor", "category": "Safety", "title": "Official Texas statute repository", "summary": "The official Texas statutes are published at statutes.capitol.texas.gov under the Texas Constitution and Statutes portal, which houses all Texas codes including the Penal Code, Civil Practice and Remedies Code, Property Code, Business Organizations Code, and Code of Criminal Procedure.", "body": "The official Texas statutes are published at statutes.capitol.texas.gov under the Texas Constitution and Statutes portal, which houses all Texas codes including the Penal Code, Civil Practice and Remedies Code, Property Code, Business Organizations Code, and Code of Criminal Procedure.\n\nWhat State of Texas actually says:\n\n“Texas Constitution and Statutes”\n\nNote: Anchor record — the official state.gov statute portal for Texas. This is the index page for the Property Code; all Texas codes are housed at this domain.", "source_type": "official", "source_link": "https://statutes.capitol.texas.gov/Docs/PR/htm/PR.26.htm", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "Texas Constitution and Statutes", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Constitution and Statutes", "topic": "Official Texas statute repository", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_ncii_civil_98b_002", "category": "Safety", "title": "Civil liability for non-consensual intimate image disclosure", "summary": "A person depicted in intimate visual material may sue for damages when someone discloses the material without effective consent and with intent to harm, the material was obtained under a reasonable expectation of privacy, the disclosure causes harm, and the disclosure reveals the depicted person's identity.", "body": "A person depicted in intimate visual material may sue for damages when someone discloses the material without effective consent and with intent to harm, the material was obtained under a reasonable expectation of privacy, the disclosure causes harm, and the disclosure reveals the depicted person's identity.\n\nWhat State of Texas actually says:\n\n“A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if: (1) the defendant discloses the intimate visual material without the effective consent of the depicted person and with the intent to harm that person; (2) at the time of the disclosure, the defendant knows or has reason to believe that the intimate visual material was obtained by the defendant or created under circumstances in which the depicted person had a reasonable expectation that the material would remain private; (3) the disclosure of the intimate visual material causes harm to the depicted person; and (4) the disclosure of the intimate visual material reveals the identity of the depicted person in any manner.”\n\nNote: Civil remedy for non-consensual intimate image distribution. The depicted person is the plaintiff. The statute requires intent to harm.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_98b.002", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if: (1) the defendant discloses the intimate visual material without the effective consent of the depicted person and with the intent to harm that person; (2) at the time of the disclosure, the defendant knows or has reason to believe that the intimate visual material was obtained by the defendant or created under circumstances in which the depicted person had a reasonable expectation that the material would remain private; (3) the disclosure of the intimate visual material causes harm to the depicted person; and (4) the disclosure of the intimate visual material reveals the identity of the depicted person in any manner.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Civil Practice and Remedies Code § 98B.002", "topic": "Civil liability for non-consensual intimate image disclosure", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_ncii_civil_98b_003", "category": "Safety", "title": "Damages available in civil NCII suit", "summary": "A claimant who prevails in a suit under Chapter 98B shall be awarded actual damages including damages for mental anguish, court costs, and reasonable attorney's fees, and may recover exemplary damages.", "body": "A claimant who prevails in a suit under Chapter 98B shall be awarded actual damages including damages for mental anguish, court costs, and reasonable attorney's fees, and may recover exemplary damages.\n\nWhat State of Texas actually says:\n\n“A claimant who prevails in a suit under this chapter shall be awarded: (1) actual damages, including damages for mental anguish; (2) court costs; and (3) reasonable attorney's fees. (b) In addition to an award under Subsection (a), a claimant who prevails in a suit under this chapter may recover exemplary damages.”\n\nNote: Damages provision for civil NCII claim. Exemplary (punitive) damages are discretionary, not mandatory.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_98b.003", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "A claimant who prevails in a suit under this chapter shall be awarded: (1) actual damages, including damages for mental anguish; (2) court costs; and (3) reasonable attorney's fees. (b) In addition to an award under Subsection (a), a claimant who prevails in a suit under this chapter may recover exemplary damages.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Civil Practice and Remedies Code § 98B.003", "topic": "Damages available in civil NCII suit", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_ncii_civil_98b_004", "category": "Safety", "title": "Injunctive relief and statutory damages for NCII injunction violations", "summary": "A court may issue a temporary restraining order or injunction to restrain disclosure of intimate visual material, and may award $1,000 per wilful violation or $500 per non-wilful violation of the order.", "body": "A court may issue a temporary restraining order or injunction to restrain disclosure of intimate visual material, and may award $1,000 per wilful violation or $500 per non-wilful violation of the order.\n\nWhat State of Texas actually says:\n\n“A court that issues a temporary restraining order or a temporary or permanent injunction under Subsection (a) may award to the party who brought the motion damages in the amount of: (1) $1,000 for each violation of the court's order or injunction, if the disclosure or promotion of intimate visual material is wilful or intentional; or (2) $500 for each violation of the court's order or injunction, if the disclosure or promotion of intimate visual material is not wilful or intentional.”\n\nNote: These are damages for violating a court order, separate from the underlying NCII damages. The court can issue TROs and injunctions proactively.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_98b.004", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "A court that issues a temporary restraining order or a temporary or permanent injunction under Subsection (a) may award to the party who brought the motion damages in the amount of: (1) $1,000 for each violation of the court's order or injunction, if the disclosure or promotion of intimate visual material is wilful or intentional; or (2) $500 for each violation of the court's order or injunction, if the disclosure or promotion of intimate visual material is not wilful or intentional.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Civil Practice and Remedies Code § 98B.004", "topic": "Injunctive relief and statutory damages for NCII injunction violations", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_ncii_criminal_21_16", "category": "Safety", "title": "[Unverified - being checked] Texas Penal Code § 21.16: Criminal offense for non-consensual intimate image disclosure", "summary": "[Unverified - being checked] Unlawful disclosure or promotion of intimate visual material is a state jail felony in Texas, punishable by 180 days to 2 years in state jail and up to $10,000 fine.", "body": "Unlawful disclosure or promotion of intimate visual material is a state jail felony in Texas, punishable by 180 days to 2 years in state jail and up to $10,000 fine.\n\nWhat State of Texas actually says:\n\n“(g) An offense under this section is a state jail felony.”\n\nNote: The criminal statute penalizes disclosure, promotion (publishing for commercial purposes), and threatening to disclose without consent. A state jail felony carries 180 days to 2 years in state jail and up to $10,000 fine under Texas Penal Code § 12.35.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._penal_code_section_21.16", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(g) An offense under this section is a state jail felony.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Penal Code § 21.16", "topic": "Criminal offense for non-consensual intimate image disclosure", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal", "rules.enforcement" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_ncii_criminal_21_16_conditions", "category": "Safety", "title": "Texas Penal Code § 21.16(b): Elements of criminal NCII offense", "summary": "A person commits the offense if without effective consent and with intent to harm, they disclose visual material depicting another person with intimate parts exposed or engaged in sexual conduct, where the material was obtained under a reasonable expectation of privacy, the disclosure causes harm, and the disclosure reveals the depicted person's identity.", "body": "A person commits the offense if without effective consent and with intent to harm, they disclose visual material depicting another person with intimate parts exposed or engaged in sexual conduct, where the material was obtained under a reasonable expectation of privacy, the disclosure causes harm, and the disclosure reveals the depicted person's identity.\n\nWhat State of Texas actually says:\n\n“(b) A person commits an offense if: (1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct; (2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private; (3) the disclosure of the visual material causes harm to the depicted person; and (4) the disclosure of the visual material reveals the identity of the depicted person in any manner.”\n\nNote: This is the criminal counterpart to the civil remedy. The elements mirror § 98B.002 but add the mens rea of intent to harm.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._penal_code_section_21.16", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(b) A person commits an offense if: (1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct; (2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private; (3) the disclosure of the visual material causes harm to the depicted person; and (4) the disclosure of the visual material reveals the identity of the depicted person in any manner.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Penal Code § 21.16(b)", "topic": "Elements of criminal NCII offense", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal", "rules.content" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_ncii_criminal_21_16_threat", "category": "Safety", "title": "Texas Penal Code § 21.16(c): Criminal liability for threatening to disclose intimate images", "summary": "A person commits an offense if they intentionally threaten to disclose intimate visual material without consent and make the threat to obtain a benefit in return for not disclosing or in connection with the threatened disclosure.", "body": "A person commits an offense if they intentionally threaten to disclose intimate visual material without consent and make the threat to obtain a benefit in return for not disclosing or in connection with the threatened disclosure.\n\nWhat State of Texas actually says:\n\n“(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit: (1) in return for not making the disclosure; or (2) in connection with the threatened disclosure.”\n\nNote: This covers extortion/sextortion: threatening to release intimate images to obtain money or other benefit. Same state jail felony classification.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._penal_code_section_21.16", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit: (1) in return for not making the disclosure; or (2) in connection with the threatened disclosure.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Penal Code § 21.16(c)", "topic": "Criminal liability for threatening to disclose intimate images", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_ncii_criminal_21_16_nodefense", "category": "Safety", "title": "Texas Penal Code § 21.16(e): No consent defense for NCII prosecution", "summary": "It is not a defense to prosecution that the depicted person created or consented to the creation of the visual material or voluntarily transmitted the material to the actor.", "body": "It is not a defense to prosecution that the depicted person created or consented to the creation of the visual material or voluntarily transmitted the material to the actor.\n\nWhat State of Texas actually says:\n\n“(e) It is not a defense to prosecution under this section that the depicted person: (1) created or consented to the creation of the visual material; or (2) voluntarily transmitted the visual material to the actor.”\n\nNote: Critical for creators: even if you consensually sent images to someone, their subsequent disclosure without consent is still criminal. The consent defense only applies to the underlying creation, not the disclosure.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._penal_code_section_21.16", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(e) It is not a defense to prosecution under this section that the depicted person: (1) created or consented to the creation of the visual material; or (2) voluntarily transmitted the visual material to the actor.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Penal Code § 21.16(e)", "topic": "No consent defense for NCII prosecution", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_harassment_42_07_electronic", "category": "Safety", "title": "[Unverified - being checked] Texas Penal Code § 42.07: Online and electronic harassment statute", "summary": "[Unverified - being checked] Texas criminalizes sending repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another, and publishing repeated electronic communications on an Internet website or social media platform in a manner reasonably likely to cause emotional distress, abuse, or torment to another person.", "body": "Texas criminalizes sending repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another, and publishing repeated electronic communications on an Internet website or social media platform in a manner reasonably likely to cause emotional distress, abuse, or torment to another person.\n\nWhat State of Texas actually says:\n\n“(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern; or (9) tracks or monitors the personal property or motor vehicle of another person, without the other person's effective consent.”\n\nNote: Covers cyberbullying, repeated unwanted messages, online stalking of property, and tracking. The 2023 amendments added subsection (a)(10) covering communications from temporary/disposable numbers.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._penal_code_section_42.07", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern; or (9) tracks or monitors the personal property or motor vehicle of another person, without the other person's effective consent.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Penal Code § 42.07", "topic": "Online and electronic harassment statute", "applies_to_country": "us-tx", "tags": { "lane": "messaging", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal", "safety.harm" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_stalking_42_072", "category": "Safety", "title": "[Unverified - being checked] Texas Penal Code § 42.072: Stalking statute applicable to online conduct", "summary": "[Unverified - being checked] Texas stalking is a third-degree felony requiring repeated conduct directed at a specific person that the actor knows or reasonably should know will be regarded as threatening bodily injury or death, causing actual fear or emotional distress, and which would cause a reasonable person to feel the same.", "body": "Texas stalking is a third-degree felony requiring repeated conduct directed at a specific person that the actor knows or reasonably should know will be regarded as threatening bodily injury or death, causing actual fear or emotional distress, and which would cause a reasonable person to feel the same.\n\nWhat State of Texas actually says:\n\n“(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed at a specific other person, knowingly engages in conduct that: (1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening: (A) bodily injury or death for the other person; or (B) that an offense will be committed against: (i) a member of the other person's family or household; (ii) an individual with whom the other person has a dating relationship; or (iii) the other person's property; (2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship: (A) to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship, or the other person's property; or (B) to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended; and (3) would cause a reasonable person under circumstances similar to the circumstances of the other person to: (A) fear bodily injury or death for the person; (B) fear that an offense will be committed against a member of the person's family or household or an individual with whom the person has a dating relationship; (C) fear that an offense will be committed against the person's property; or (D) feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.”\n\nNote: Applies to online conduct. The 2023 amendments expanded the statute to address electronic and online stalking specifically. A first offense is a third-degree felony (2-10 years prison, up to $10,000 fine). Prior conviction enhances to second-degree felony (2-20 years).", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._penal_code_section_42.072", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed at a specific other person, knowingly engages in conduct that: (1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening: (A) bodily injury or death for the other person; or (B) that an offense will be committed against: (i) a member of the other person's family or household; (ii) an individual with whom the other person has a dating relationship; or (iii) the other person's property; (2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship: (A) to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship, or the other person's property; or (B) to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended; and (3) would cause a reasonable person under circumstances similar to the circumstances of the other person to: (A) fear bodily injury or death for the person; (B) fear that an offense will be committed against a member of the person's family or household or an individual with whom the person has a dating relationship; (C) fear that an offense will be committed against the person's property; or (D) feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Penal Code § 42.072", "topic": "Stalking statute applicable to online conduct", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal", "safety.harm" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_acp_58_052", "category": "Safety", "title": "[Unverified - being checked] Texas Code of Criminal Procedure Art. 58.052: Address Confidentiality Program establishment", "summary": "[Unverified - being checked] The Texas Attorney General shall establish an address confidentiality program to assist victims of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons in maintaining a confidential address.", "body": "The Texas Attorney General shall establish an address confidentiality program to assist victims of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons in maintaining a confidential address.\n\nWhat State of Texas actually says:\n\n“(a) The attorney general shall establish an address confidentiality program, as provided by this subchapter, to assist a victim of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons in maintaining a confidential address. (b) The attorney general shall: (1) designate a substitute post office box address that a participant may use in place of the participant's true residential, business, or school address; (2) act as agent to receive service of process and mail on behalf of the participant; and (3) forward to the participant mail received by the office of the attorney general on behalf of the participant.”\n\nNote: The ACP provides a substitute PO box that may be used in place of true residential, business, or school address. Administered by the OAG.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._code_of_crim._proc._article_58.052", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(a) The attorney general shall establish an address confidentiality program, as provided by this subchapter, to assist a victim of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons in maintaining a confidential address. (b) The attorney general shall: (1) designate a substitute post office box address that a participant may use in place of the participant's true residential, business, or school address; (2) act as agent to receive service of process and mail on behalf of the participant; and (3) forward to the participant mail received by the office of the attorney general on behalf of the participant.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Code of Criminal Procedure Art. 58.052", "topic": "Address Confidentiality Program establishment", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.privacy", "access.id" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_acp_58_054_eligibility", "category": "Safety", "title": "[Unverified - being checked] Texas Code of Criminal Procedure Art. 58.054: ACP eligibility requirements", "summary": "[Unverified - being checked] To be eligible for the Address Confidentiality Program, an applicant must meet with a victim's assistance counselor, have a protective order or documentation of the crime, file an application, designate the attorney general as agent for service of process, and live at a residential address unknown to the perpetrator.", "body": "To be eligible for the Address Confidentiality Program, an applicant must meet with a victim's assistance counselor, have a protective order or documentation of the crime, file an application, designate the attorney general as agent for service of process, and live at a residential address unknown to the perpetrator.\n\nWhat State of Texas actually says:\n\n“To be eligible to participate in the program: (1) an applicant must satisfy any of the following: (A) meet with a victim's assistance counselor from a state or local agency or other for-profit or nonprofit entity that is identified by the attorney general as an entity that provides shelter or civil legal services or counseling to victims of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons; (B) be protected under, or be filing an application on behalf of a victim who is the applicant's child or another person in the applicant's household and who is protected under: (i) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (ii) a temporary ex parte order issued under Chapter 83, Family Code; (iii) an order issued under Subchapter A or B, Chapter 7B, of this code or Chapter 85, Family Code; or (iv) a magistrate's order for emergency protection issued under Article 17.292; or (C) possess documentation of family violence, child abduction, or trafficking of persons... or of sexual assault or abuse or stalking... and (2) an applicant must satisfy all of the following: (A) file an application for participation with the attorney general or a state or local agency or other entity identified by the attorney general under Subdivision (1); (B) file an affirmation that the applicant has discussed safety planning with a victim's assistance counselor described by Subdivision (1)(A); (C) designate the attorney general as agent to receive service of process and mail on behalf of the applicant; and (D) live at a residential address, or relocate to a residential address, that is unknown to the person who committed or is alleged to have committed the family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons.”\n\nNote: Detailed eligibility requirements. The applicant must meet with a counselor AND have either a protective order or documentation of the crime.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._code_of_crim._proc._article_58.054", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "To be eligible to participate in the program: (1) an applicant must satisfy any of the following: (A) meet with a victim's assistance counselor from a state or local agency or other for-profit or nonprofit entity that is identified by the attorney general as an entity that provides shelter or civil legal services or counseling to victims of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons; (B) be protected under, or be filing an application on behalf of a victim who is the applicant's child or another person in the applicant's household and who is protected under: (i) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (ii) a temporary ex parte order issued under Chapter 83, Family Code; (iii) an order issued under Subchapter A or B, Chapter 7B, of this code or Chapter 85, Family Code; or (iv) a magistrate's order for emergency protection issued under Article 17.292; or (C) possess documentation of family violence, child abduction, or trafficking of persons... or of sexual assault or abuse or stalking... and (2) an applicant must satisfy all of the following: (A) file an application for participation with the attorney general or a state or local agency or other entity identified by the attorney general under Subdivision (1); (B) file an affirmation that the applicant has discussed safety planning with a victim's assistance counselor described by Subdivision (1)(A); (C) designate the attorney general as agent to receive service of process and mail on behalf of the applicant; and (D) live at a residential address, or relocate to a residential address, that is unknown to the person who committed or is alleged to have committed the family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Code of Criminal Procedure Art. 58.054", "topic": "ACP eligibility requirements", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.privacy", "access.id" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "quote_is_nonanswer", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_acp_58_059_certification", "category": "Safety", "title": "[Unverified - being checked] Texas Code of Criminal Procedure Art. 58.059: ACP certification duration and renewal", "summary": "[Unverified - being checked] ACP certification expires on the third anniversary of the date of certification, and to renew a participant must satisfy the eligibility requirements as if originally applying.", "body": "ACP certification expires on the third anniversary of the date of certification, and to renew a participant must satisfy the eligibility requirements as if originally applying.\n\nWhat State of Texas actually says:\n\n“(a) The attorney general shall certify for participation in the program an applicant who satisfies the eligibility requirements under Articles 58.054 and 58.056(b). (b) A certification under this article expires on the third anniversary of the date of certification. (c) To renew a certification under this article, a participant must satisfy the eligibility requirements under Articles 58.054 and 58.056(b) as if the participant were originally applying for participation in the program.”\n\nNote: Certification lasts 3 years. Renewal requires reapplication as if new.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._code_of_crim._proc._article_58.059", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(a) The attorney general shall certify for participation in the program an applicant who satisfies the eligibility requirements under Articles 58.054 and 58.056(b). (b) A certification under this article expires on the third anniversary of the date of certification. (c) To renew a certification under this article, a participant must satisfy the eligibility requirements under Articles 58.054 and 58.056(b) as if the participant were originally applying for participation in the program.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Code of Criminal Procedure Art. 58.059", "topic": "ACP certification duration and renewal", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "running", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.privacy" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_acp_business_use", "category": "Safety", "title": "[Unverified - being checked] Texas Code of Criminal Procedure Art. 58.052(b)(1): Whether ACP substitute address may be used for business address", "summary": "[Unverified - being checked] The Texas ACP statute specifies that the substitute post office box address may be used in place of the participant's true residential, business, or school address.", "body": "The Texas ACP statute specifies that the substitute post office box address may be used in place of the participant's true residential, business, or school address.\n\nWhat State of Texas actually says:\n\n“(1) designate a substitute post office box address that a participant may use in place of the participant's true residential, business, or school address;”\n\nNote: The statute expressly allows the substitute address to replace a business address. However, whether a platform, bank, or government agency will accept the ACP address for business registration is a separate practical question not addressed in the statute.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._code_of_crim._proc._article_58.052", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(1) designate a substitute post office box address that a participant may use in place of the participant's true residential, business, or school address;", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Code of Criminal Procedure Art. 58.052(b)(1)", "topic": "Whether ACP substitute address may be used for business address", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.privacy" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_boc_5_201_registered_agent", "category": "Safety", "title": "[Unverified - being checked] Registered agent and registered office address requirements for Texas business filings", "summary": "[Unverified - being checked] Every filing entity in Texas must designate a registered agent and registered office. The registered office must be a street address where process may be personally served, may not be solely a mailbox service or telephone answering service, and is not required to be a place of business of the entity.", "body": "Every filing entity in Texas must designate a registered agent and registered office. The registered office must be a street address where process may be personally served, may not be solely a mailbox service or telephone answering service, and is not required to be a place of business of the entity.\n\nWhat State of Texas actually says:\n\n“(a) Each filing entity and each foreign filing entity shall designate and continuously maintain in this state: (1) a registered agent; and (2) a registered office. (c) The registered office: (1) must be located at a street address where process may be personally served on the entity's registered agent; (2) is not required to be a place of business of the filing entity or foreign filing entity; and (3) may not be solely a mailbox service or a telephone answering service.”\n\nNote: The registered office address is a physical street address, not a PO box. The entity's registered agent address becomes public record when filed with the Secretary of State. A commercial registered agent service may be used so the filer's home address need not appear.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._bus._orgs._code_section_5.201", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(a) Each filing entity and each foreign filing entity shall designate and continuously maintain in this state: (1) a registered agent; and (2) a registered office. (c) The registered office: (1) must be located at a street address where process may be personally served on the entity's registered agent; (2) is not required to be a place of business of the filing entity or foreign filing entity; and (3) may not be solely a mailbox service or a telephone answering service.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Business Organizations Code § 5.201", "topic": "Registered agent and registered office address requirements for Texas business filings", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.privacy", "access.signup" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_boc_5_201_privacy_note", "category": "Safety", "title": "[Unverified - being checked] Privacy of home address in business filings", "summary": "[Unverified - being checked] Texas law requires a street address for the registered office but does not require it to be the entity's principal place of business; a commercial registered agent's address may be used instead of a personal home address, and the Secretary of State's instructions advise using a business or PO box address rather than a residence address if privacy concerns are an issue.", "body": "Texas law requires a street address for the registered office but does not require it to be the entity's principal place of business; a commercial registered agent's address may be used instead of a personal home address, and the Secretary of State's instructions advise using a business or PO box address rather than a residence address if privacy concerns are an issue.\n\nWhat Texas Secretary of State actually says:\n\n“An entity's registered office must be a physical address in Texas where the registered agent can be served with process during business hours. The registered office is also where the Office of the Secretary of State will mail correspondence. A registered office is the business office address of the registered agent and may be the same as the entity's place of business. It cannot, however, be a post office box that is part of a commercial mail or message service unless that commercial enterprise is the registered agent.”\n\nNote: While the statute requires a street address, the Secretary of State's form instructions specifically advise: 'When providing address information for directors, use a business or post office box address rather than a residence address if privacy concerns are an issue.' This means a creator forming an LLC can use a registered agent service's address.", "source_type": "official", "source_link": "https://www.sos.state.tx.us/corp/registeredagents.shtml", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "Texas Secretary of State", "evidence_quote": "An entity's registered office must be a physical address in Texas where the registered agent can be served with process during business hours. The registered office is also where the Office of the Secretary of State will mail correspondence. A registered office is the business office address of the registered agent and may be the same as the entity's place of business. It cannot, however, be a post office box that is part of a commercial mail or message service unless that commercial enterprise is the registered agent.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Business Organizations Code § 5.201", "topic": "Privacy of home address in business filings", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "setting_up", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.privacy", "access.signup" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_right_publicity_26_002", "category": "Safety", "title": "Texas Property Code § 26.002: Statutory right of publicity for deceased individuals", "summary": "An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.", "body": "An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.\n\nWhat State of Texas actually says:\n\n“An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.”\n\nNote: This is the statutory posthumous right of publicity (the 'Buddy Holly Bill'). It creates a property right that survives death. For living individuals, Texas uses common law misappropriation.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._prop._code_section_26.002", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Property Code § 26.002", "topic": "Statutory right of publicity for deceased individuals", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_right_publicity_26_011", "category": "Safety", "title": "Texas Property Code § 26.011: Unauthorized use of deceased individual's likeness", "summary": "Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a deceased individual's name, voice, signature, photograph, or likeness in any manner, including in connection with products, merchandise, or goods, or for the purpose of advertising, selling, or soliciting the purchase of products, merchandise, goods, or services.", "body": "Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a deceased individual's name, voice, signature, photograph, or likeness in any manner, including in connection with products, merchandise, or goods, or for the purpose of advertising, selling, or soliciting the purchase of products, merchandise, goods, or services.\n\nWhat State of Texas actually says:\n\n“Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a deceased individual's name, voice, signature, photograph, or likeness in any manner, including: (1) in connection with products, merchandise, or goods; or (2) for the purpose of advertising, selling, or soliciting the purchase of products, merchandise, goods, or services.”\n\nNote: This protects the commercial use of a deceased person's likeness. It does not protect against newsworthy or artistic uses (see § 26.012 exceptions).", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._prop._code_section_26.011", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a deceased individual's name, voice, signature, photograph, or likeness in any manner, including: (1) in connection with products, merchandise, or goods; or (2) for the purpose of advertising, selling, or soliciting the purchase of products, merchandise, goods, or services.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Property Code § 26.011", "topic": "Unauthorized use of deceased individual's likeness", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } }, { "id": "learn_r175_texas_privacy_and_image_law_for_creators_texas_right_publicity_26_013", "category": "Safety", "title": "Texas Property Code § 26.013: Damages for unauthorized use of deceased individual's likeness", "summary": "A person who uses a deceased individual's name, voice, signature, photograph, or likeness without authorization is liable for the greater of actual damages or $2,500, plus attributable profits, exemplary damages, and reasonable attorney's fees and court costs.", "body": "A person who uses a deceased individual's name, voice, signature, photograph, or likeness without authorization is liable for the greater of actual damages or $2,500, plus attributable profits, exemplary damages, and reasonable attorney's fees and court costs.\n\nWhat State of Texas actually says:\n\n“(a) A person who uses a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this chapter is liable to the person who owns the property right for: (1) the amount of any damages sustained, as a result of the unauthorized use, by the person who owns the property right or $2,500, whichever is greater; (2) the amount of any profits from the unauthorized use that are attributable to that use; (3) the amount of any exemplary damages that may be awarded; and (4) reasonable attorney's fees and expenses and court costs incurred in recovering the damages and profits established by this section.”\n\nNote: Minimum statutory damages of $2,500 even if actual damages are zero. The right is transferable and descends to heirs.", "source_type": "official", "source_link": "https://texas.public.law/statutes/tex._prop._code_section_26.013", "last_verified": "2026-09-12", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "State of Texas", "evidence_quote": "(a) A person who uses a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this chapter is liable to the person who owns the property right for: (1) the amount of any damages sustained, as a result of the unauthorized use, by the person who owns the property right or $2,500, whichever is greater; (2) the amount of any profits from the unauthorized use that are attributable to that use; (3) the amount of any exemplary damages that may be awarded; and (4) reasonable attorney's fees and expenses and court costs incurred in recovering the damages and profits established by this section.", "volatility": "low", "from_batch": "175-texas-privacy-and-image-law-for-creators", "subject": "Texas Property Code § 26.013", "topic": "Damages for unauthorized use of deceased individual's likeness", "applies_to_country": "us-tx", "tags": { "lane": "any", "stage": "any", "region": [ "us-tx" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" } } ] }