Bill Text: TX HB2185 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to civil and criminal liability for recording or distributing a visual image of a person in a private place with the intent to harm that person; creating an offense.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-04-16 - Referred to Agriculture & Livestock [HB2185 Detail]

Download: Texas-2013-HB2185-Introduced.html

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83R9298 SCL-F
By: King of Zavala H.B. No. 2185

A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for recording or
distributing a visual image of a person in a private place with the
intent to harm that person; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 85A to read as follows:
CHAPTER 85A. LIABILITY FOR NONCONSENSUAL RECORDING, BROADCASTING,
OR TRANSMITTING OF IMAGES
Sec. 85A.001. DEFINITIONS. In this chapter:
(1) "Claimant" means a party seeking to recover
damages under this chapter, including a plaintiff,
counterclaimant, cross-claimant, or third-party plaintiff. In an
action in which a party seeks recovery of damages under this chapter
on behalf of another person, "claimant" includes both that other
person and the party seeking recovery of damages.
(2) "Defendant" includes any party from whom a
claimant seeks recovery of damages under this chapter.
(3) "Harm" has the meaning assigned by Section 1.07,
Penal Code.
(4) "Public place" has the meaning assigned by Section
1.07, Penal Code.
Sec. 85A.002. LIABILITY. A defendant is liable to a
claimant for damages arising from the recording, broadcasting, or
transmitting by videotape or other electronic means of a visual
image of the claimant while the claimant is at a place other than a
public place without the claimant's consent and with the intent to
harm the claimant.
Sec. 85A.003. DAMAGES. A claimant who prevails in a suit
under this chapter may recover:
(1) an amount equal to not more than three times the
actual and consequential damages;
(2) court costs; and
(3) reasonable attorney's fees.
Sec. 85A.004. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
SECTION 2. Chapter 42, Penal Code, is amended by adding
Section 42.015 to read as follows:
Sec. 42.015. NONCONSENSUAL RECORDING, BROADCASTING, OR
TRANSMITTING OF IMAGES. (a) A person commits an offense if the
person by videotape or other electronic means records, broadcasts,
or transmits a visual image of another while the other is at a place
other than a public place:
(1) without the other person's consent; and
(2) with the intent to harm the other person.
(b) An offense under this section is a Class B misdemeanor.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
SECTION 3. This Act takes effect September 1, 2013.