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.