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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal liability for recording or |
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distributing a visual image of a person in a private place with the |
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intent to harm that person; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 85A to read as follows: |
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CHAPTER 85A. LIABILITY FOR NONCONSENSUAL RECORDING, BROADCASTING, |
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OR TRANSMITTING OF IMAGES |
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Sec. 85A.001. DEFINITIONS. In this chapter: |
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(1) "Claimant" means a party seeking to recover |
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damages under this chapter, including a plaintiff, |
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counterclaimant, cross-claimant, or third-party plaintiff. In an |
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action in which a party seeks recovery of damages under this chapter |
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on behalf of another person, "claimant" includes both that other |
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person and the party seeking recovery of damages. |
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(2) "Defendant" includes any party from whom a |
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claimant seeks recovery of damages under this chapter. |
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(3) "Harm" has the meaning assigned by Section 1.07, |
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Penal Code. |
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(4) "Public place" has the meaning assigned by Section |
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1.07, Penal Code. |
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Sec. 85A.002. LIABILITY. A defendant is liable to a |
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claimant for damages arising from the recording, broadcasting, or |
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transmitting by videotape or other electronic means of a visual |
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image of the claimant while the claimant is at a place other than a |
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public place without the claimant's consent and with the intent to |
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harm the claimant. |
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Sec. 85A.003. DAMAGES. A claimant who prevails in a suit |
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under this chapter may recover: |
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(1) an amount equal to not more than three times the |
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actual and consequential damages; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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Sec. 85A.004. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute. |
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SECTION 2. Chapter 42, Penal Code, is amended by adding |
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Section 42.015 to read as follows: |
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Sec. 42.015. NONCONSENSUAL RECORDING, BROADCASTING, OR |
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TRANSMITTING OF IMAGES. (a) A person commits an offense if the |
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person by videotape or other electronic means records, broadcasts, |
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or transmits a visual image of another while the other is at a place |
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other than a public place: |
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(1) without the other person's consent; and |
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(2) with the intent to harm the other person. |
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(b) An offense under this section is a Class B misdemeanor. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 3. This Act takes effect September 1, 2013. |