HBA-AMW H.B. 1040 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1040 By: Clark Criminal Jurisprudence 3/19/2001 Introduced BACKGROUND AND PURPOSE Throughout the country there have been cases in which cameras have been hidden to secretly tape individuals. These tapes are sold to other individuals for their gratification or broadcast on Internet websites. Although current law prohibits the unauthorized recording of another person, it does not prohibit the unauthorized video recording of another which is made without recording audio. This loophole in current law makes it difficult to prosecute a person who illicitly photographs or makes a video recording of a person dressing or undressing. House Bill 1040 prohibits a person from photographing, videotaping, or using any other electronic means to visually record another without the consent of the other person. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1040 amends the Penal Code to provide that a person commits a state jail felony if the person photographs or by videotape or other electronic means visually records another person who is at a location where the other person has a reasonable expectation of privacy and the photograph is taken or the recording is made without the other person's consent. The bill also provides that it is an affirmative defense to prosecution that the photograph is taken or the visual recording is made by correctional facility personnel for security purposes or during an investigation of alleged misconduct by a person in the custody of the correctional facility, for security purposes where notice of the use of photography or visual recording is clearly posted at the location where the other person has a reasonable expectation of privacy, or by a law enforcement officer in connection with an otherwise lawful investigation. EFFECTIVE DATE September 1, 2001.