79R8169 PEP-D

By:  Keel                                                         H.B. No. 1871



A BILL TO BE ENTITLED

AN ACT

relating to creating an offense for the unauthorized operation of a 
recording device in a motion picture theater.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.935 to read as follows:
	Sec. 35.935.  UNAUTHORIZED OPERATION OF RECORDING DEVICE IN 
MOTION PICTURE THEATER.  (a)  In this section:
		(1)  "Audiovisual recording function" means the 
capability of a device to record or transmit a motion picture or any 
part of a motion picture by means of any technology now known or 
later developed.
		(2)  "Motion picture theater" means a movie theater, 
screening room, or other place primarily used to exhibit a motion 
picture.
	(b)  A person commits an offense if the person knowingly 
operates the audiovisual recording function of any device in a 
motion picture theater, while a motion picture is being exhibited, 
without the consent of the owner of the theater.
	(c)  An offense under this section is a state jail felony.              
	(d)  It is a defense to prosecution under this section that 
the audiovisual recording function of the device was operated 
solely for official law enforcement purposes.
	(e)  If conduct constituting an offense under this section 
also constitutes an offense under another law, the actor may be 
prosecuted under this section, the other law, or both.
	(f)  A person may not obtain damages in a civil action 
against the owner or manager of a motion picture theater, or an 
agent or employee of the owner or manager, arising out of an act 
taken in the course of detaining the person on a good faith belief 
that the person had violated this section, unless the person can 
show by clear and convincing evidence that:
		(1)  the person was detained for a period longer than 
reasonably necessary to allow for the arrival of law enforcement 
authorities; or
		(2)  an act taken during the course of detaining the 
person was manifestly unreasonable.
	SECTION 2.  This Act takes effect September 1, 2005.