By:  Ellis                                                                S.B. No. 140



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the promotion of certain improper 
photographs or visual recordings; providing a 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.  This Act takes effect September 1, 2003.