C.S.S.B. 140 78(R)    BILL ANALYSIS


C.S.S.B. 140
By: Ellis, Rodney
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Due to the recent epidemic of video recordings being produced via hidden
broadcast cameras in locker rooms, bathrooms and other various places,
that are then being promoted on the web and other places, without the
consent of the person recorded, legislation is necessary to protect those
individuals who are unaware of the fact they are being promoted in
improper ways.   

In addition, some municipalities have promulgated unconstitutional
ordinances that purposefully attempt to regulate political signs--even to
a greater degree than that same municipality regulates commercial signs,
thus invalidating any supposed argument that the ordinance could possibly
satisfy a compelling health or safety concern.  

C.S.S.B. 140 prohibits the promotion of electronic recordings in regards
to the rights of those persons recorded and protects the rights of
citizens to place signs on private property, out of the right of way,
without infringement from a local government. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.S.B. 140 amends the Penal Code to make it a state jail felony offense
if a person promotes a photograph or visual recording, knowing the
character and content of the photograph or recording, taken without the
other person's consent and with the intent to arouse or gratify the sexual
desire of any person. If the conduct also constitutes an offense under any
other law, the actor may be prosecuted under this section or the other
law. 

C.S.S.B. also amends the Local Government Code to prohibit a municipal
charter or ordinance, when addressing political signs located on private
real property, from prohibiting the placement of the sign, requiring
permits, imposing fees, or otherwise restricting the size of the sign as
compared to other types of signs. The provisions contained in the bill do
not apply to billboards, that are generally available for rent, that carry
a political message. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original bill by including provisions
prohibiting a municipal charter or ordinance, when addressing political
signs located on private real property, from prohibiting the placement of
the sign, requiring permits, imposing fees, or otherwise restricting the
size of the sign as compared to other types of signs.