§ 98B.008.Confidential Identity in Certain Actions

Title 4. Liability in Tort · Chapter 98B. Unlawful Production, Solicitation, Disclosure, or Promotion of Intimate Visual Material · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 98B.008 lets a claimant proceed under a confidential identity, requires the court to raise the option, and limits knowledge of the true identity to four categories enforced by contempt.

Full Text of § 98B.008

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a)In this section, "confidential identity" means:

(1)the use of a pseudonym; and

(2)the absence of any other identifying information, including address, telephone number, and social security number.

(b)Except as otherwise provided by this section, in a suit brought under this chapter, the court shall:

(1)make it known to the claimant as early as possible in the proceedings of the suit that the claimant may use a confidential identity in relation to the suit;

(2)allow a claimant to use a confidential identity in all petitions, filings, and other documents presented to the court;

(3)use the confidential identity in all of the court's proceedings and records relating to the suit, including any appellate proceedings; and

(4)maintain the records relating to the suit in a manner that protects the confidentiality of the claimant.

(c)In a suit brought under this chapter, only the following persons are entitled to know the true identifying information about the claimant:

(1)the judge;

(2)a party to the suit;

(3)the attorney representing a party to the suit; and

(4)a person authorized by a written order of a court specific to that person.

(d)The court shall order that a person entitled to know the true identifying information under Subsection (c) may not divulge that information to anyone without a written order of the court. A court shall hold a person who violates the order in contempt.

(e)Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16 ), Sec. 12.10(16), eff. December 4, 2025.

(f)A claimant is not required to use a confidential identity as provided by this section.

End

Plain-English Summary

An identity protection provision added in 2025, in the same terms as the trafficking chapter's.

"Confidential identity" means a pseudonym and the absence of any other identifying information, including address, telephone number, and social security number.

The court shall: make it known to the claimant as early as possible that a confidential identity may be used; allow it in all petitions, filings, and other documents; use it in all proceedings and records including on appeal; and maintain the records so as to protect confidentiality.

The provision is more necessary here than almost anywhere. A public petition would name the person, describe the material, and identify where to look for it — turning the lawsuit into a further disclosure of exactly what the claim is about.

Without this section, bringing the claim would compound the harm, and many claimants would reasonably decline to bring it.

Only four categories may know the true identity: the judge, a party, the attorney representing a party, and a person authorized by written court order specific to that person. Divulging it without a court order is contempt.

Subsection (f): a claimant is not required to use a confidential identity.

Frequently Asked Questions

Can I sue anonymously over intimate images in Texas?

Yes. A claimant may use a confidential identity in all filings, proceedings, and records, and the court must raise the option as early as possible.

Why does it matter here?

Because a public petition would name the person and describe the material, turning the lawsuit into a further disclosure of what the claim is about.

Who can know my identity?

The judge, a party, an attorney representing a party, and a person authorized by a written court order specific to them. Divulging it without an order is contempt.

Amendment History

Added by Acts 2025, 89th Leg., R.S., Ch. 1133 (S.B. 441), Sec. 6, eff. September 1, 2025.
Amended by:
Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.10(16), eff. December 4, 2025.

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