By: Wentworth S.B. No. 481
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 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.
COMMITTEE AMENDMENT NO. 1
Amend S.B. No. 481 (senate engrossment) as follows:
(1) On page 1, line 16, between "the person" and
"knowingly", insert ", with the intent to record a motion
picture,".
(2) On page 1, line 18, strike "a motion picture" and
substitute "the motion picture".
79R14037 PEP-D Keel