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.