Bill Text: TX HB912 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to images captured by unmanned aircraft and other images and recordings; providing penalties.

Spectrum: Slight Partisan Bill (Republican 69-36)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB912 Detail]

Download: Texas-2013-HB912-Introduced.html

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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.