§ 98B.0022.Liability of Owners of Internet Websites and Artificial Intelligence Applications and Payment Processors

The platform provision, and it imposes affirmative duties rather than only liability.

Subsection (a) reaches three roles. A person who owns an Internet website or application, including a social media platform, and who recklessly facilitates the production or disclosure of artificial intimate visual material in exchange for payment; who owns a publicly accessible nudification application from which the material is produced; or who recklessly processes or facilitates payment for its production or disclosure.

Payment processors are named directly, which is a deliberate targeting of the financial infrastructure rather than only the content.

Subsection (b) creates a takedown obligation. An owner is liable to the depicted person for damages arising from disclosure if the person requests removal and the owner fails to remove the material.

Subsections (c) and (d) impose two affirmative duties. The owner shall make available an easily accessible system for submitting removal requests, and shall make available a clear and conspicuous notice of that process — written in plain language that is easy to read and describing the owner's responsibilities and how to submit a request.

Subsection (e) adds a second enforcement route: a violation of the takedown, system, or notice requirements is a deceptive trade practice actionable under the DTPA.

Subsection (f) adds a third: the attorney general may investigate and bring an action for injunctive relief against a person who repeatedly violates those subsections, recovering costs and fees on prevailing.