By Clark H.B. No. 1040
77R1960 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an offense prohibiting the covert
1-3 photography or visual recording of another at certain reasonably
1-4 private locations.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 21, Penal Code, is amended by adding
1-7 Section 21.15 to read as follows:
1-8 Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a)
1-9 A person commits an offense if the person photographs or by
1-10 videotape or other electronic means visually records another person
1-11 who is at a location where the other person has a reasonable
1-12 expectation of privacy and the photograph is taken or the recording
1-13 is made without the other person's consent.
1-14 (b) It is an affirmative defense to prosecution under this
1-15 section that the photograph is taken or the visual recording is
1-16 made:
1-17 (1) by correctional facility personnel for security
1-18 purposes or during an investigation of alleged misconduct by a
1-19 person in the custody of the correctional facility;
1-20 (2) for security purposes where notice of the use of
1-21 photography or visual recording is clearly posted at the location
1-22 described by Subsection (a); or
1-23 (3) by a law enforcement officer in connection with an
1-24 otherwise lawful investigation.
2-1 (c) An offense under this section is a state jail felony.
2-2 SECTION 2. This Act takes effect September 1, 2001.