Texas House Bill HB2461

Texas 2009 - 81st Regular

• Out of House Committee: 4/21/09

Caption

Relating to publishing certain images of private property on the Internet; providing a criminal penalty.

Impact

If enacted, HB 2461 would introduce a new chapter in the Business & Commerce Code, specifically targeting the unauthorized publication of detailed images of private properties. This law would impact individuals and entities that utilize aerial imagery for commercial or informational purposes, as they would now face legal limitations unless they obtain explicit permission from property owners.

Summary

House Bill 2461 aims to regulate the publication of certain images of private property on the Internet by imposing restrictions on how such images can be disseminated. Specifically, the bill prohibits the online publication of images that can zoom in beyond the detail level of aerial photographs taken from heights exceeding 300 feet if these images depict private property that is not visible from a public right-of-way. Exceptions are made if the property owner provides written consent for such publication.

Contention

One notable aspect of the bill is the criminal penalty associated with violations. Violation of this law would constitute a Class B misdemeanor, with each day a person publishes an image in violation of the law counted as a separate offense. This introduces a potentially significant deterrent for those who may inadvertently publish such images without considering the regulatory implications.

Notable_points

The bill reflects a growing concern for privacy and property rights in an age where digital information can be shared globally with ease. It also raises discussions about the balance between public access to information and individual rights to privacy regarding one's property. The requirement for written consent aims to empower property owners in controlling the use of their images, yet could also hinder legitimate uses of public information for research or other lawful purposes.