| 1 | 1 | | 81R8595 JE-D |
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| 2 | 2 | | By: Deshotel H.B. No. 2461 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to publishing certain images of private property on the |
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| 8 | 8 | | Internet; providing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 99, Business & Commerce Code, is amended by |
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| 11 | 11 | | adding Chapter 2003 to read as follows: |
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| 12 | 12 | | CHAPTER 2003. INTERNET PUBLICATION OF CERTAIN IMAGES OF PRIVATE |
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| 13 | 13 | | PROPERTY |
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| 14 | 14 | | Sec. 2003.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Public right-of-way" has the meaning assigned by |
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| 16 | 16 | | Section 66.002, Utilities Code. |
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| 17 | 17 | | (2) "Publish" means to communicate information or make |
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| 18 | 18 | | information available to the public. |
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| 19 | 19 | | Sec. 2003.002. INTERNET PUBLICATION OF CERTAIN IMAGES OF |
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| 20 | 20 | | PRIVATE PROPERTY PROHIBITED. (a) Except as provided by Subsection |
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| 21 | 21 | | (b), a person may not publish through the Internet, or cause to |
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| 22 | 22 | | publish through the Internet, an image capable of zooming into |
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| 23 | 23 | | greater detail than that of an aerial photograph taken without a |
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| 24 | 24 | | magnifying lens 300 feet or higher of private property not visible |
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| 25 | 25 | | from the public right-of-way. |
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| 26 | 26 | | (b) Subsection (a) does not apply if a person has the |
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| 27 | 27 | | written consent of the property owner. |
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| 28 | 28 | | Sec. 2003.003. PENALTY. (a) A person commits an offense if |
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| 29 | 29 | | the person knowingly violates this chapter. |
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| 30 | 30 | | (b) An offense under this section is a Class B misdemeanor. |
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| 31 | 31 | | (c) Each day a person publishes an image in violation of |
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| 32 | 32 | | this chapter constitutes a separate offense. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to an image capable, on or after the effective date of this Act, of |
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| 35 | 35 | | depicting greater detail than described by Section 2003.002(a), |
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| 36 | 36 | | Business & Commerce Code, as added by this Act, regardless of the |
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| 37 | 37 | | date the image was published. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2009. |
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