The fiscal implications of SB 441 cannot be determined at this time due to a lack of case-level data. The bill creates new civil causes of action related to the production, solicitation, disclosure, or promotion of artificial intimate visual material, making it difficult to estimate potential costs.

According to the Office of Court Administration, there is no existing data on how many cases of this nature would be filed, making it uncertain whether the bill would result in significant additional caseloads for Texas courts. If a substantial number of lawsuits are filed, there could be increased costs associated with court operations, legal proceedings, and enforcement of civil judgments. However, because the bill primarily relies on civil remedies rather than criminal penalties, it is not expected to require additional law enforcement resources or incarceration costs.

For local governments, the financial impact is also unclear. While municipalities and counties may see an increase in civil cases, they are unlikely to bear direct costs unless they are involved in enforcement actions or other legal proceedings. The bill does not impose new regulatory requirements or demand direct government spending.

Overall, while SB 441 could increase litigation and court activity, the precise financial burden remains indeterminate due to the lack of historical data on similar legal actions.

SB 441 is a necessary modernization of Texas' civil liability laws to address the rise of AI-generated nonconsensual intimate content, commonly known as deepfake pornography. As noted in the bill analysis provided by the Senate Research Center, 96% of deepfake content online is pornographic, disproportionately affecting women, and its prevalence has surged with a 900% increase in searches over the past two years​. Current laws fail to account for AI-generated content, creating a legal loophole that this bill seeks to close.

By expanding Chapter 98B of the Civil Practice and Remedies Code, SB 441 establishes clear civil liability for individuals, websites, and payment processors that engage in or facilitate the creation and distribution of artificial intimate visual material without consent. The bill includes confidentiality measures to protect victims' identities in legal proceedings and ensures a 10-year statute of limitations, recognizing that victims often discover such content long after it is created​.

From a liberty-based policy analysis, SB 441 aligns well with Individual Liberty and Private Property Rights by protecting Texans from the unauthorized exploitation of their likeness. It reinforces Personal Responsibility by holding accountable those who create and distribute AI-generated intimate content. The bill does not excessively burden Free Enterprise, as it targets bad actors rather than AI innovation as a whole. Furthermore, it maintains Limited Government by utilizing civil remedies instead of creating new regulatory agencies or criminal penalties​.

Given the growing impact of AI on privacy rights, SB 441 is a strong step toward protecting individuals from digital exploitation. It provides a balanced legal framework that upholds personal rights without restricting legitimate AI use. Therefore, Texas Policy Research recommends lawmakers vote YES on SB 441.