81R8595 JE-D
By: Deshotel H.B. No. 2461
A BILL TO BE ENTITLED
AN ACT
relating to publishing certain images of private property on the
Internet; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 99, Business & Commerce Code, is amended by
adding Chapter 2003 to read as follows:
CHAPTER 2003. INTERNET PUBLICATION OF CERTAIN IMAGES OF PRIVATE
PROPERTY
Sec. 2003.001. DEFINITIONS. In this chapter:
(1) "Public right-of-way" has the meaning assigned by
Section 66.002, Utilities Code.
(2) "Publish" means to communicate information or make
information available to the public.
Sec. 2003.002. INTERNET PUBLICATION OF CERTAIN IMAGES OF
PRIVATE PROPERTY PROHIBITED. (a) Except as provided by Subsection
(b), a person may not publish through the Internet, or cause to
publish through the Internet, an image capable of zooming into
greater detail than that of an aerial photograph taken without a
magnifying lens 300 feet or higher of private property not visible
from the public right-of-way.
(b) Subsection (a) does not apply if a person has the
written consent of the property owner.
Sec. 2003.003. PENALTY. (a) A person commits an offense if
the person knowingly violates this chapter.
(b) An offense under this section is a Class B misdemeanor.
(c) Each day a person publishes an image in violation of
this chapter constitutes a separate offense.
SECTION 2. The change in law made by this Act applies only
to an image capable, on or after the effective date of this Act, of
depicting greater detail than described by Section 2003.002(a),
Business & Commerce Code, as added by this Act, regardless of the
date the image was published.
SECTION 3. This Act takes effect September 1, 2009.