80R4179 SLO-D
 
  By: Coleman H.B. No. 655
 
 
 
   
 
 
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 September 1, 2007.