System updates will be applied on February 19, 2026 at 6:00 PM. These updates will include changes to the user interface. Work is expected to take approximately 30 minutes to complete, during which the site will be unavailable.

                                                                                



                                                                  S.B. No. 481




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, with the 
intent to record a motion picture, knowingly operates the 
audiovisual recording function of any device in a motion picture 
theater, while the motion picture is being exhibited, without the 
consent of the owner of the theater.
	(c)  An offense under this section is a Class A misdemeanor, 
except that the offense is:
		(1)  a state jail felony if the person has been 
previously convicted one time of an offense under this section; or
		(2)  a felony of the third degree if the person has been 
previously convicted two or more times of an offense under this 
section.
	(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 who reasonably believes that another has 
knowingly operated the audiovisual recording function of any device 
in a motion picture theater in violation of this section is 
privileged to detain that person in a reasonable manner and for a 
reasonable time to allow for the arrival of law enforcement 
authorities.
	SECTION 2.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 481 passed the Senate on 
April 13, 2005, by the following vote:  Yeas 30, Nays 0; and that 
the Senate concurred in House amendment on May 3, 2005, by the 
following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 481 passed the House, with 
amendment, on April 27, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor