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89(R) HB 2874 - House Committee Report version - Bill Text
89R18087 MLH-D
By: Lalani, Longoria, Ordaz, et al.
H.B. No. 2874
Substitute the following for H.B. No. 2874:
By: Button
C.S.H.B. No. 2874
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of provenance data on content shared on
social media platforms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Social Media Content
Transparency Act.
SECTION 2. Chapter 120, Business & Commerce Code, is
amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1.
PROVENANCE DATA
Sec. 120.081. DEFINITIONS. In this subchapter:
(1)
"Artificial intelligence system" means machine
learning and related technology that uses data to train statistical
models for the purpose of enabling computer systems to perform
tasks normally associated with human intelligence or perception,
such as computer vision, speech or natural language processing, and
content generation.
(2)
"Generative artificial intelligence" means an
artificial intelligence system designed to emulate the structure
and characteristics of provided data to generate derived synthetic
digital content, including images, videos, audio, text, and other
digital content.
(3)
"Provenance data" means metadata on a file that
can be used to identify:
(A) the date and place of the file's origin;
(B)
the method used to generate the file,
including whether the file was generated using generative
artificial intelligence; or
(C)
the file's history, including the manner in
which the file has been transmitted or stored.
Sec.
120.082.
CONTENT CREATED ON SOCIAL MEDIA PLATFORM.
(a)
A social media platform shall attach provenance data to each
photo, video, or audio file created on the social media platform or
using tools provided by the social media platform, including tools
that use generative artificial intelligence.
(b)
A social media platform shall retain all provenance data
attached to a photo, video, or audio file under this section.
(c)
Provenance data attached to a photo, video, or audio
file or retained under this section must:
(1)
be attached and retained in a manner and format
that complies with guidelines or specifications that are:
(A)
created by an established standard-setting
entity in the industry; and
(B)
widely adopted by other entities in the
industry;
(2)
state whether the photo, video, or audio file has
been created or modified using generative artificial intelligence;
and
(3)
if the photo, video, or audio file was created or
modified using generative artificial intelligence, state the name
of the generative artificial intelligence tool and the name of the
person who provides the tool.
(d)
A social media platform shall provide or contract with a
third party to provide a method by which a user may easily access
the provenance data attached to a photo, video, or audio file under
this section.
(e)
A social media platform is not required to comply with
the provisions of this section if the social media platform
provides to the attorney general clear and convincing documentation
showing that the social media platform:
(1)
does not have the technological capacity to comply
with the requirements of this section; and
(2)
is actively taking steps toward obtaining the
technological capacity to comply with the requirements of this
section.
Sec.
120.083.
CONTENT POSTED TO SOCIAL MEDIA PLATFORM. (a)
A social media platform shall attach provenance data to each photo,
video, or audio file posted on the social media platform for which
the social media platform can discern the file's provenance data.
(b)
A social media platform shall retain all provenance data
attached to a photo, video, or audio file under this section.
(c)
Provenance data attached to a photo, video, or audio
file or retained under this section must:
(1)
be attached and retained in a manner and format
that complies with guidelines or specifications that are:
(A)
created by an established standard-setting
entity in the industry; and
(B)
widely adopted by other entities in the
industry;
(2)
state whether the photo, video, or audio file has
been created or modified using generative artificial intelligence;
and
(3)
if the photo, video, or audio file was created or
modified using generative artificial intelligence, state the name
of the generative artificial intelligence tool and the name of the
person who provides the tool.
(d)
A social media platform shall provide or contract with a
third party to provide a method by which a user may easily access
the provenance data attached to a photo, video, or audio file under
this section.
(e)
A social media platform is not required to comply with
the provisions of this section if the social media platform
provides to the attorney general clear and convincing documentation
showing that the social media platform:
(1)
does not have the technological capacity to comply
with the requirements of this section; and
(2)
is actively taking steps toward obtaining the
technological capacity to comply with the requirements of this
section.
(f)
This section may not be construed to require a social
media platform to independently verify the accuracy or authenticity
of provenance data provided to the social media platform by a third
party or user.
(g)
A social media platform may not be held liable for
inaccurate provenance data attached to a photo, video, or audio
file or retained under this section if:
(1)
the provenance data was provided to the social
media platform by a third party or user;
(2)
the social media platform did not knowingly modify
the provenance data;
(3)
the social media platform relied in good faith on
the provenance data provided; and
(4)
the social media platform has implemented
reasonable and appropriate measures to comply with the requirements
of this section.
SECTION 3. This Act takes effect September 1, 2025.