84R470 JRR-D
 
  By: Menéndez H.B. No. 147
 
 
 
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.  Sections 21.15(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  In this section:
               (1)  "Female breast" means any portion of the female
  breast below the top of the areola.
               (2)  "Intimate area" means the naked or
  undergarment-clad genitals, pubic area, anus, buttocks, or female
  breast of a person.
               (3)  "Place in which a person has a reasonable
  expectation of privacy" means a place in which a reasonable person
  would believe that the person could disrobe in privacy, without
  being concerned that the act of undressing would be photographed or
  filmed by another.
               (4)  "Promote" [, "promote"] has the meaning assigned
  by Section 43.21.
         (b)  A person commits an offense if, without the other
  person's consent and with intent to invade the privacy of the other
  person, the person:
               (1)  photographs or by videotape or other electronic
  means records, broadcasts, or transmits a visual image of an
  intimate area of another person under circumstances in which the
  other person has a reasonable expectation of privacy, regardless of
  whether the other person is in a public or private place; [another
  at a location that is not a bathroom or private dressing room:
                     [(A)  without the other person's consent; and
                     [(B)     with intent to arouse or gratify the sexual
  desire of any person;]
               (2)  photographs or by videotape or other electronic
  means records, broadcasts, or transmits a visual image of another
  person in a place in which the other person has a reasonable
  expectation of privacy [another at a location that is a bathroom or
  private dressing room:
                     [(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
               (3)  knowing the character and content of the
  photograph, recording, broadcast, or transmission, promotes a
  photograph, recording, broadcast, or transmission described by
  Subdivision (1) or (2).
         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
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2015.