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.