78R16429 KCR-D


By:  Ellis                                                        S.B. No. 140

Substitute the following for S.B. No. 140:                                    

By:  Keel                                                     C.S.S.B. No. 140



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain visual images; providing a 
criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.15, Penal Code, is amended to read as 
follows:        
	Sec. 21.15.  IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.  
(a)  In this section, "promote" has the meaning assigned by Section 
43.21.
	(b)  A person commits an offense if the person:           
		(1)  photographs or by videotape or other electronic 
means visually records another:
			(A) [(1)]  without the other person's consent; 
and 
			(B) [(2)]  with intent to arouse or gratify the 
sexual desire of any person; or
		(2)  knowing the character and content of the 
photograph or recording, promotes a photograph or visual recording 
described by Subdivision (1).
	(c) [(b)]  An offense under this section is a state jail 
felony.
	(d)  If conduct that constitutes an offense under this 
section also constitutes an offense under any other law, the actor 
may be prosecuted under this section or the other law.
	SECTION 2.  Subchapter Z, Chapter 216, Local Government 
Code, is amended by adding Section 216.903 to read as follows:
	Sec. 216.903.  REGULATION OF POLITICAL SIGNS BY 
MUNICIPALITY.  (a)  In this section, "private real property" does 
not include real property subject to an easement or other 
encumbrance that allows a municipality to use the property for a 
public purpose.
	(b)  A municipal charter provision or ordinance that 
regulates signs may not, for a sign that contains primarily a 
political message and that is located on private real property:
		(1)  prohibit the sign from being placed;                              
		(2)  require a permit or approval of the municipality 
or impose a fee for the sign to be placed; or
		(3)  restrict the size of the sign to a size smaller 
than that permitted for other signs under the provision or 
ordinance.
	(c)  Subsection (b) does not apply to a sign, including a 
billboard, that contains primarily a political message on a 
temporary basis and that is generally available for rent or 
purchase to carry commercial advertising or other messages that are 
not primarily political.
	SECTION 3.  This Act takes effect September 1, 2003.