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Law / United States / Texas

Political deep fake video ban (originally S.B. 751, 2019)

Tex. Elec. Code § 255.004(d)-(e)

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
Elections

What it requires

  • Do not create a deep fake video and cause it to be published or distributed within 30 days of an election, if you intend to injure a candidate or influence the election's result.
  • A deep fake video is one created with intent to deceive that appears to depict a real person performing an action that did not occur in reality.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

What it makes you log

Logging duty

Subsections (d) and (e) create a criminal offense for creating and distributing a political deep fake video within 30 days of an election. Neither states a duty to create, keep, or produce a log or record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

A person commits an offense if, with intent to injure a candidate or influence the result of an election, the person creates a deep fake video, defined as a video created with intent to deceive that appears to depict a real person doing something that did not occur, and causes it to be published or distributed within 30 days of an election.

This deep fake-specific offense is unaffected by Ex parte Stafford, in which the Texas Court of Criminal Appeals struck down as facially unconstitutional the same section's separate general provision, subsection (b), which had made it an offense to knowingly misrepresent in a campaign communication that it emanates from a source other than its true source; the court's holding was confined to that provision.

When LexLint raises it

When your app profile says your app generates video with AI.

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