Texas 2013 83rd Regular

Texas House Bill HB3165 Introduced / Bill

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                    By: Stickland H.B. No. 3165


 A BILL TO BE ENTITLED
 AN ACT
 relating to local government photographic monitoring systems.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 341, Local Government Code, is amended
 by adding Section 341.906 to read as follows:
 Sec. 341.906.  NOTIFICATION OF PHOTOGRAPHIC MONITORING
 SYSTEM.  (a)  In this section:
 (1)  "Photographic monitoring system" means a system
 that:
 (A)  consists of a camera or cameras installed in
 an outdoor public area; and
 (B)  is active and capable of producing one or
 more recorded images.
 (2)  "Recorded image" means an image that is recorded
 on a photograph or digital image.
 (b)  This section applies only to a municipality that employs
 an active photographic monitoring system.
 (c)(1)  A municipality shall install signs adjacent to or
 within 10 feet of each camera which is a part of a photographic
 monitoring system. The signs must be easily readable and clearly
 indicate the presence of a photographic monitoring system.
 (2)  The sign shall contain the words:
 "Warning: You are under Surveillance by the City
 of [name of municipality]."
 (d)  A municipality that fails to comply with Subsection (c)
 may not use any images captured by a photographic monitoring system
 in the investigation or prosecution of any individual.
 (e)  Any recorded image captured by a municipal camera which
 fails to comply with Subsection (c) of this section shall not be
 used in any investigation or prosecution by any political
 subdivision.
 (f)  A live video feed composed of the same images captured
 by a camera which is a part of a photographic monitoring system must
 be published and otherwise made available in real time on the
 internet and must be made accessible through the municipality's
 website.
 SECTION 2.  This Act takes effect January 1, 2014.