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

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-Comm_Sub.html

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By: Gooden, Riddle, Burnam, Fallon, H.B. No. 912
Stickland, et al.
Substitute the following for H.B. No. 912:
By: Herrero C.S.H.B. No. 912

A BILL TO BE ENTITLED
AN ACT
relating to images captured by unmanned vehicles and unmanned
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 UNMANNED 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. NONAPPLICABILITY. This chapter does not
apply to an image of real property or an individual on real property
located in this state that is captured by an unmanned vehicle or
unmanned aircraft operated in this state:
(1) for purposes of professional or scholarly research
and development by a person acting on behalf of an institution of
higher education, as defined by Section 61.003, Education Code,
including a person who:
(A) is a professor, employee, or student of the
institution; or
(B) is under contract with or otherwise acting
under the direction or on behalf of the institution; or
(2) airspace designated as a test site or range
authorized by the Federal Aviation Administration for the purpose
of integrating unmanned aircraft systems into the national
airspace; or
(3) an operation, exercise, or mission of any branch
of the United States military.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR
UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense
if the person uses or authorizes the use of an unmanned vehicle or
unmanned aircraft to capture an image of an individual or real
property with the intent to monitor or conduct surveillance on the
individual or the real property captured in the image.
(b) An offense under this section is a Class C misdemeanor.
(c) It is an exception to the application of this section
that the image was captured:
(1) with the consent of the individual captured in the
image and the individual who owns or lawfully occupies the real
property captured in the image;
(2) pursuant to a valid search or arrest warrant;
(3) by a law enforcement authority:
(A) in immediate pursuit of a person law
enforcement officers have probable cause to suspect has committed a
felony;
(B) for the purpose of documenting a crime scene
where a felony has been committed;
(C) for the purpose of investigating the scene of
a human fatality or suspected human fatality;
(D) in connection with the search for a missing
person; or
(E) for the purpose of resolving a hostage
situation;
(4) by state authorities for the purpose of:
(A) surveying the scene of a catastrophe or other
damage to determine whether a state of emergency should be
declared; or
(B) preserving public safety, protecting
property, or surveying damage or contamination during a lawfully
declared state of emergency;
(5) at the scene of a spill, or a suspected spill, of
hazardous materials;
(6) for the purpose of fire suppression;
(7) for the purpose of rescuing a person whose life or
well-being is in imminent danger;
(8) by a Texas licensed real estate broker in
connection with the marketing, sale, or financing of real property,
provided that no individual is identifiable in the image;
(9) of real property or a person on real property that
is within 25 miles of the United States border;
(10) from a height no more than eight feet above ground
level in a public place, if the image was captured without using any
electronic, mechanical, or other means to amplify the image beyond
normal human perception;
(11) of public real property or a person on that
property; or
(12) with an optical resolution no greater than 40
inches per pixel.
(d) It is a defense to prosecution under this section that
the person destroyed the image:
(1) as soon as the person had knowledge that the image
was captured in violation of this section; and
(2) without disclosing, displaying, or distributing
the image to a third party.
Sec. 423.004. 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 that was captured in violation of Section
423.003.
(b) An offense under this section for the possession of an
image is a Class C misdemeanor. An offense under this section for
the disclosure, display, distribution, or other use of an image is a
Class B misdemeanor.
(c) Each image a person possesses, discloses, displays,
distributes, or otherwise uses in violation of this section is a
separate offense.
(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 423.003.
(e) It is a defense to prosecution under this section for
the disclosure, display, distribution, or other use of an image
that the person stopped disclosing, displaying, distributing, or
otherwise using the image as soon as the person had knowledge that
the image was captured in violation of Section 423.003.
Sec. 423.005. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT
SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by
Subsection (b), an image captured in violation of Section 423.003,
or an image captured by an unmanned vehicle or unmanned aircraft
that was incidental to the lawful capturing of an image:
(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. 423.006. CIVIL ACTION. (a) An individual who is, or an
individual 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 imminent violation of
Section 423.003 or 423.004; and
(2) recover a civil penalty in accordance with
Subsections (b) and (c).
(b) A person who violates Section 423.003 or 423.004 is
liable for a civil penalty totaling not more than $3,000 for each
still image or $300 for each second of a moving image, regardless of
the number of violations with respect to that still image or moving
image or the number of individuals or properties captured in the
still image or moving image.
(c) A single plaintiff may not recover more than $1,000 for
each still image or more than $100 for each second of a moving image
of the plaintiff or the real property owned or legally occupied by
the plaintiff, and may not recover more than a total of $50,000 for
all still images and moving images of the plaintiff and the real
property owned or legally occupied by the plaintiff captured in a
single occurrence.
(d) In addition to any civil penalties authorized under this
section, the court shall award court costs and reasonable
attorney's fees to the prevailing party.
(e) Venue for an action under this section is governed by
Chapter 15, Civil Practice and Remedies Code.
(f) An action brought under this section alleging a
violation of Section 423.003 must be commenced within two years
from the date the image was captured in violation of that section.
An action brought under this section alleging a violation of
Section 423.004 must be commenced within two years from the date the
image was first possessed, disclosed, displayed, distributed, or
otherwise used in violation of that section.
SECTION 3. The change in law made by this Act applies only
to the capture, possession, disclosure, display, distribution, or
other use of an image that occurs on or after the effective date of
this Act.
SECTION 4. The provisions of this Act or the applications of
those provisions are severable as provided by Section 311.032(c),
Government Code.
SECTION 5. This Act takes effect September 1, 2013.