79S30332 RMB-D

By:  Coleman                                                      H.B. No. 59 



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of improper photography 
or visual recording.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.15, Penal Code, is amended by 
amending Subsection (b) and adding Subsection (e) to read as 
follows:
	(b)  A person commits an offense if the person:                                
		(1)  photographs or by videotape or other electronic 
means visually records another identifiable person at a location, 
including a bathroom and dressing room, where the other person has a 
reasonable expectation of privacy and the photograph is taken or 
the recording is made:
			(A)  without the other person's consent; and                                 
			(B)  with intent to:                                                  
				(i)  invade the privacy of the other person; 
or                    
				(ii)  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).
	(e)  For purposes of this section, a sign or signs posted at a 
location where a person has a reasonable expectation of privacy 
indicating that the person is being photographed or recorded is not 
sufficient to establish the person's consent under this section.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense is committed before the effective date of 
this Act if any element of the offense occurs before the effective 
date.
	SECTION 3.  This Act takes effect on the 91st day after the 
last day of the legislative session.