Tex. Codes » Property Code · TITLE 4. ACTIONS AND REMEDIES · CHAPTER 26. USE OF A DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS
Texas Codes

Tex. Prop. Code § 26.001 (2026)

Definitions

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Sec. 26.001. DEFINITIONS. In this chapter:

(1) "Photograph" means a photograph or photographic reproduction, still or moving, videotape, or live television transmission of an individual in a manner that allows a person viewing the photograph with the naked eye to reasonably determine the identity of the individual.

(2) "Property right" means the property right created by this chapter.

(3) "Name" means the actual or assumed name used by an individual which, when used in conjunction with other information, is intended to identify a particular person.

(4) "Media enterprise" means a newspaper, magazine, radio station or network, television station or network, or cable television system.

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2011–2025 · leading case: Mullen v. Jones (In re Jones), 445 B.R. 677 (Bankr. N.D. Tex. 2011).
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Mullen v. Jones (In re Jones), 445 B.R. 677 (Bankr. N.D. Tex. 2011). “See Tex. Prop.Code Ann. § 26.001, et seq. (West 2010).”
Hosseini-Browder v. Hosseini, No. 5:22-cv-00860 (W.D. Tex. Aug. 6, 2024). “In the present motion for partial summary judgment, filed on September 28, 2023, Margarita asks the Court to find that she owns Justine’s right of publicity and that Mahmoud and Vanessa violated Texas Property Code § 26.001 et seq. for using the name “Justine’s” for their food…”
Francis v. Nelson, No. 5:24-cv-01130 (W.D. Tex. Feb. 24, 2025). “Based upon these assertions, alone, the Capacchione Plaintiffs allege plausible causes of action for violation of Texas Property Code § 26.001 et seq. and California Code § 3344.”
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