NAC Advisory
LEGISLATIVE BILL: TX 2015 SB 1811
Advisory issued: June 14, 2015

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TEXT OF LEGISLATION

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                     NATURIST ACTION COMMITTEE
                             ADVISORY
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http://www.naturistaction.org
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Copyright 2015 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration.

DATE: June 14, 2015
SUBJECT: Good news: Texas Senate Bill 1811
TO: All naturists and other concerned citizens

Greetings.

This is an Advisory from the Naturist Action Committee (NAC) concerning legislation in Texas. NAC is not asking you to take action at this time.

Early in the 2015 legislative session, NAC identified Texas Senate Bill 1811 as a threat to naturists. NAC moved quickly to oppose the bill, and the measure failed to advance. SB 1811 is dead.

TEXAS SENATE BILL 1811, A NASTY LEGISLATIVE THREAT
SB 1811 is entitled: "An act relating to certain publications of visual material by a business." The bill was assigned to the Senate Committee on Criminal Justice.

Maybe the best way to explain this legislation is simply to quote from the bill text.

    (1) "Intimate visual material" means visual material that depicts ... exhibition of a person's genitals, anus, or any portion of the female breast below the top of the areola.

    Sec. 111.051. NOTICE REQUIRED FOR INTIMATE VISUAL MATERIAL. (a) A business entity that publishes intimate visual material shall clearly and conspicuously publish notice on each page the material appears that includes:
    (1) a statement that the business entity is required to remove intimate visual material that depicts an individual who did not consent to the publication of the material;
    (2) a statement that any person, including a person not depicted in the material, may request that the business entity remove the material from publication ...

Curiously, the bill's definition of "publish" limits itself to telecommunications. A published notice accompanying each page of "intimate visual material" would be required to be "prominently posted in at least 12-point Helvetica or Times New Roman font." The offending images would have to be removed within 24 hours, following a request to do so FROM ANYONE.

The threat is obvious. Someone documenting the history of naturism might reasonably be expected to do so by including historical images of naturists, who may be nude in those images. Obtaining specific permissions for some of the pioneers of naturism would be impossible. The proposed law would also have limited the celebration and documentation of current events, like World Naked Bike Ride. Other groups could display random images of a crowd or a street scene in a public place. But images documenting nudity would be subject to removal at the request of an anti-nudity crusader.

As introduced, SB 1811 differed from trendy "revenge porn" legislation in that it applied only to business entities and did not require any malicious intent. Indeed, the subject of an image didn't even have to be identifiable. And anyone could force the removal of an image, even those who were not pictured, regardless of context.

THE AUTHOR OF SENATE BILL 1811
Texas State Senator Lois Kolkhorst introduced Senate Bill 1811 on March 13, 2015. Sen. Kolkhorst (R-Brenham) has received the support of Phyllis Schafly's Eagle Forum and has worked closely with former Texas Governor Rick Perry and U.S. Senator Ted Cruz, both of whom are announced Presidential candidates.

WHAT HAS NAC DONE?
Because of the obvious threat posed by the bill, NAC began tracking it immediately and wasted no time getting a professional legislative lobbyist involved.

ACKNOWLEDGMENT
NAC consulted with the Governmental Affairs Committee of AANR-Southwest in the handling of this bill.

OUTCOME
Texas Senate Bill 1811 died without being heard in committee. We cannot rule out the possibility that Sen. Kolkhorst, or others, will introduce it again in a subsequent session. The Texas legislature convenes for its next regular session in 2017.

PLEASE HELP NAC TO CONTINUE HELPING NATURISTS!
The Naturist Action Committee remains committed to issues of body freedom. Activism on behalf of naturists can be expensive, and NAC relies entirely on the voluntary financial support of people like YOU.

Won't you please send a generous donation to:

   NAC
   PO Box 132
   Oshkosh, WI 54903

Or call toll free (800) 886-7230 (8AM-4PM, Central Time, weekdays) to donate by phone using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient online donation:
www.naturistaction.org/donate/

Thank you once again for choosing to make a difference.

Naturally,

Bob Morton
Executive Director
Naturist Action Committee

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Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Dir. Bob Morton       - <
execdir@naturistaction.org>
Online Rep. Dennis Kirkpatrick  - <
naturist@sunclad.com>
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