By: Stickland H.B. No. 3165
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local government photographic monitoring systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 341, Local Government Code, is amended
  by adding Section 341.906 to read as follows:
         Sec. 341.906.  NOTIFICATION OF PHOTOGRAPHIC MONITORING
  SYSTEM.  (a)  In this section:
               (1)  "Photographic monitoring system" means a system
  that:
                     (A)  consists of a camera or cameras installed in
  an outdoor public area; and
                     (B)  is active and capable of producing one or
  more recorded images.
               (2)  "Recorded image" means an image that is recorded
  on a photograph or digital image.
         (b)  This section applies only to a municipality that employs
  an active photographic monitoring system.
         (c)(1)  A municipality shall install signs adjacent to or
  within 10 feet of each camera which is a part of a photographic
  monitoring system. The signs must be easily readable and clearly
  indicate the presence of a photographic monitoring system.
               (2)  The sign shall contain the words:
                     "Warning: You are under Surveillance by the City
  of [name of municipality]."
         (d)  A municipality that fails to comply with Subsection (c)
  may not use any images captured by a photographic monitoring system
  in the investigation or prosecution of any individual.
         (e)  Any recorded image captured by a municipal camera which
  fails to comply with Subsection (c) of this section shall not be
  used in any investigation or prosecution by any political
  subdivision.
         (f)  A live video feed composed of the same images captured
  by a camera which is a part of a photographic monitoring system must
  be published and otherwise made available in real time on the
  internet and must be made accessible through the municipality's
  website.
         SECTION 2.  This Act takes effect January 1, 2014.