83R1390 JSC-F
 
  By: Gooden H.B. No. 912
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to images captured by unmanned vehicles and aircraft;
  providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Texas Privacy Act.
         SECTION 2.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 423 to read as follows:
  CHAPTER 423. USE OF UNMANNED VEHICLES AND AIRCRAFT
         Sec. 423.001.  DEFINITION. In this chapter, "image" means
  any capturing of sound waves, thermal, infrared, ultraviolet,
  visible light, or other electromagnetic waves, odor, or other
  conditions existing on or about real property or an individual
  located on that property.
         Sec. 423.002.  OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR
  AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the
  person uses or authorizes the use of an unmanned vehicle or aircraft
  to capture an image without the express consent of the person who
  owns or lawfully occupies the real property captured in the image.
         (b)  An offense under this section is a Class C misdemeanor.
         (c)  It is a defense to prosecution under this section that
  the image was captured:
               (1)  pursuant to a valid search or arrest warrant;
               (2)  by a law enforcement authority in immediate
  pursuit of a person law enforcement officers have probable cause to
  suspect has committed a felony;
               (3)  for the purpose of fire suppression or rescuing a
  person whose life is in imminent danger;
               (4)  of real property or a person on real property that
  is within 25 miles of the United States border for the sole purpose
  of enforcing border laws;
               (5)  without magnification or other enhancement from no
  more than six feet above ground level in a public place; or
               (6)  of public real property or a person on that
  property.
         Sec. 423.003.  OFFENSE: POSSESSION, DISCLOSURE, DISPLAY,
  DISTRIBUTION, OR USE OF IMAGE.  (a) A person commits an offense if
  the person possesses, discloses, displays, distributes, or
  otherwise uses an image:
               (1)  that was captured in violation of Section 423.002;
  or
               (2)  for any purpose other than a purpose for which
  there is a defense to prosecution under Section 423.002.
         (b)  An offense under this section for the possession of an
  image is a Class C misdemeanor.
         (c)  Each image a person possesses, discloses, displays,
  distributes, or otherwise uses in violation of this section is a
  separate offense.  An offense under this section for the
  disclosure, display, distribution, or other use of an image is a
  Class B misdemeanor.
         (d)  It is a defense to prosecution under this section for
  the possession of an image  that the person destroyed the image as
  soon as the person had knowledge that the image was captured in
  violation of Section 423.002.
         Sec. 423.004.  ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT
  SUBJECT TO DISCLOSURE. (a)  Except as otherwise provided by
  Subsection (b), an image captured in violation of Section 423.002,
  or an image captured by an unmanned vehicle or aircraft that was
  incidental to the capturing of an image for a purpose for which
  there is a defense to prosecution under Section 423.002:
               (1)  may not be used as evidence in any criminal or
  juvenile proceeding, civil action, or administrative proceeding;
               (2)  is not subject to disclosure, inspection, or
  copying under Chapter 552; and
               (3)  is not subject to discovery, subpoena, or other
  means of legal compulsion for its release.
         (b)  An image described by Subsection (a) may be disclosed
  and used as evidence to prove a violation of this chapter, and is
  subject to discovery, subpoena, or other means of legal compulsion
  for that purpose.
         Sec. 423.005.  CIVIL ACTION. (a) A person who is, or a
  person who owns or legally occupies real property that is, the
  subject of an image captured, possessed, disclosed, displayed,
  distributed, or otherwise used in violation of this chapter may
  bring an action to:
               (1)  enjoin a violation or threatened violation of
  Section 423.002 or 423.003; and
               (2)  recover a civil penalty.
         (b)  If it is found in a civil action that a person has
  violated Section 423.002 or 423.003, the person is liable for:
               (1)  a civil penalty of $1,000, subject to adjustment
  of the dollar amount under Section 423.006, for each image of the
  plaintiff or of the real property owned or legally occupied by the
  plaintiff that is captured, possessed, disclosed, displayed,
  distributed, or otherwise used; and
               (2)  court costs and reasonable attorney's fees
  incurred by the plaintiff.
         Sec. 423.006.  ADJUSTMENT OF AMOUNT OF CIVIL PENALTY. (a)
  The consumer credit commissioner shall annually compute and publish
  the dollar amount instead of that specified by Section
  423.005(b)(1) to reflect inflation.
         (b)  In making the computation under Subsection (a), the
  consumer credit commissioner shall consider the United States
  Bureau of Labor Statistics Consumer Price Index for All Urban
  Consumers and may consider another index adopted by rule of the
  Finance Commission of Texas.
         (c)  The consumer credit commissioner shall use 2013 as the
  base year and adjust the dollar amounts, effective on July 1 of each
  year.
         (d)  The consumer credit commissioner shall make available
  to the public information regarding adjustments made under this
  section.
         SECTION 3.  This Act takes effect September 1, 2013.