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§ 98B.006.Jurisdiction

Title 4. Liability in Tort · Chapter 98B. Unlawful Production, Solicitation, Disclosure, or Promotion of Intimate Visual Material · Last amended 2015 · Last verified August 29, 2026

In one sentenceSection 98B.006 gives Texas courts personal jurisdiction where the defendant or the depicted claimant resides here, the material is stored on a server here, or the material is available for view here.

Full Text of § 98B.006

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A court has personal jurisdiction over a defendant in a suit brought under this chapter if:
(1)the defendant resides in this state;
(2)the claimant who is depicted in the intimate visual material resides in this state;
(3)the intimate visual material is stored on a server that is located in this state; or
(4)the intimate visual material is available for view in this state.
End

Plain-English Summary

A jurisdiction provision drawn as widely as the subject requires.

A court has personal jurisdiction if: the defendant resides in this state; the claimant depicted in the material resides in this state; the material is stored on a server located in this state; or the material is available for view in this state.

The fourth ground is extraordinarily broad. Material available for view in Texas is, for anything on the open internet, material available anywhere — which would make every such case triable here.

The reason for the breadth is the practical problem. A person whose images are circulating may have no idea who posted them or where that person is, and requiring a jurisdictional connection beyond the harm being felt here would leave many claimants without a forum.

The second ground is the one most often relied on — the claimant resides in Texas — and it is unremarkable as jurisdictional bases go.

The section states Texas law, not the constitutional limit. Personal jurisdiction must also satisfy federal due process — minimum contacts and purposeful availment — and a statute cannot dispense with that. The long-arm chapter operates the same way: the statute authorises, and the constitution constrains.

Whether mere viewability in Texas satisfies due process is a separate question from whether this section is met.

Frequently Asked Questions

Where can I bring an intimate image claim in Texas?

In a Texas court if the defendant resides here, you reside here, the material is stored on a server here, or the material is available for view here.

Is availability in Texas really enough?

The section says so, but personal jurisdiction must also satisfy federal due process. A statute cannot dispense with the constitutional minimum contacts requirement.

What is the usual basis?

That the claimant depicted in the material resides in Texas.

Amendment History

  • Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source