Bill Text: TX HB912 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Gooden, Riddle, Burnam, Fallon, | H.B. No. 912 | |
Stickland, et al. |
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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 in this state 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; | ||
(2) in 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; | ||
(3) as part of an operation, exercise, or mission of | ||
any branch of the United States military; | ||
(4) if the image is taken by a satellite for the | ||
purpose of mapping; | ||
(5) by a manufacturer or distributor of the unmanned | ||
vehicle or unmanned aircraft in connection with the development, | ||
manufacture, testing, or research of the vehicle or the aircraft; | ||
(6) by a manufacturer or distributor incidental to the | ||
activities authorized under Subdivision (5) and the manufacturer or | ||
distributor discloses the image voluntarily to law enforcement | ||
because the manufacturer or distributor reasonably believes the | ||
image shows the commission of an offense; or | ||
(7) by or for an electric or natural gas utility: | ||
(A) for operations and maintenance of utility | ||
facilities for the purpose of maintaining utility system | ||
reliability and integrity; | ||
(B) for inspecting utility facilities to | ||
determine repair, maintenance, or replacement needs during and | ||
after construction of such facilities; | ||
(C) for assessing vegetation growth for the | ||
purpose of maintaining clearances on utility easements; and | ||
(D) for utility facility routing and siting for | ||
the purpose of providing utility service. | ||
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 an unmanned vehicle or unmanned aircraft | ||
to capture an image of: | ||
(1) an individual or privately owned real property in | ||
this state with the intent to conduct surveillance on the | ||
individual or property captured in the image; or | ||
(2) real property in this state, on which a primary or | ||
secondary school or a licensed child-care facility is operated or | ||
an individual located on that property, with the intent to conduct | ||
surveillance. | ||
(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 or a person who is | ||
under contract with or otherwise acting under the direction or on | ||
behalf of 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 or local law enforcement authorities, or | ||
a person who is under contract with or otherwise acting under the | ||
direction or on behalf of 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; | ||
(B) preserving public safety, protecting | ||
property, or surveying damage or contamination during a lawfully | ||
declared state of emergency; or | ||
(C) conducting routine air quality sampling and | ||
monitoring; | ||
(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; | ||
(12) by an electric or telecommunication utility | ||
provider regulated by the Public Utility Commission of Texas: | ||
(A) for the purpose of performing and reporting | ||
the results of the annual inspection of transmission lines and | ||
other facilities as required by the commission, if the images are | ||
captured without the intent to conduct surveillance on an | ||
individual or real property located in this state; or | ||
(B) for the purpose of maintaining or repairing | ||
transmission lines or other facilities, if the images are captured | ||
without the intent to conduct surveillance on an individual or real | ||
property located in this state; | ||
(13) by the owner or operator of an oil, gas, water, or | ||
other pipeline for the purpose of maintaining or repairing | ||
pipelines or other transmission facilities, if the images are | ||
captured without the intent to conduct surveillance on an | ||
individual or real | ||
property located in this state; | ||
(14) by a satellite for the purpose of mapping, | ||
provided that the images are not captured with the intent to conduct | ||
surveillance of an individual or real property located in this | ||
state; | ||
(15) in connection with oil pipeline safety and rig | ||
protection; | ||
(16) in connection with port authority surveillance | ||
and security; | ||
(17) in connection with cattle ranching or agriculture | ||
and wildlife management; | ||
(18) in connection with oil and gas exploration; | ||
(19) for the purpose of water supply safety; | ||
(20) for the purpose of surveying land; | ||
(21) for the purpose of agriculture and farming | ||
safety; or | ||
(22) in connection with an air show or related event. | ||
(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. | ||
(e) This chapter does not apply to the manufacture, | ||
assembly, distribution, or sale of an unmanned vehicle or unmanned | ||
aircraft. | ||
(f) In this section, "intent" has the meaning assigned by | ||
Section 6.03, Penal Code. | ||
Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, | ||
DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if | ||
the person: | ||
(1) captures an image in violation of Section 423.003; | ||
and | ||
(2) possesses, discloses, displays, distributes, or | ||
otherwise uses that image. | ||
(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 owner or tenant of | ||
privately owned real property located in this state may bring | ||
against a person who, in violation of Section 423.003, captured an | ||
image of the property or the owner or tenant while on the property | ||
an action to: | ||
(1) enjoin a violation or imminent violation of | ||
Section 423.003 or 423.004; | ||
(2) recover a civil penalty of: | ||
(A) $5,000 for all images captured in a single | ||
episode in violation of Section 423.003; or | ||
(B) $10,000 for disclosure, display, | ||
distribution, or other use of any images captured in a single | ||
episode in violation of Section 423.004; or | ||
(3) recover actual damages if the person who captured | ||
the image in violation of Section 423.003 discloses, displays, or | ||
distributes the image with malice. | ||
(b) For purposes of recovering the civil penalty or actual | ||
damages under Subsection (a), all owners of a parcel of real | ||
property are considered to be a single owner and all tenants of a | ||
parcel of real property are considered to be a single tenant. | ||
(c) In this section, "malice" has the meaning assigned by | ||
Section 41.001, Civil Practice and Remedies Code. | ||
(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 must be commenced | ||
within two years from the date the image was: | ||
(1) captured in violation of Section 423.003; or | ||
(2) initially disclosed, displayed, distributed, or | ||
otherwise used in violation of Section 423.004. | ||
Sec. 423.007. RULES FOR USE BY LAW ENFORCEMENT. The | ||
Department of Public Safety shall adopt rules and guidelines for | ||
use of an unmanned vehicle or unmanned aircraft by a law enforcement | ||
authority in this state. | ||
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. |