By: Gooden, Riddle, Burnam, Fallon,	H.B. No. 912
	Stickland, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to images captured by unmanned vehicles and unmanned
	aircraft; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as the Texas Privacy Act.
	SECTION 2.  Subtitle B, Title 4, Government Code, is amended
	by adding Chapter 423 to read as follows:
	CHAPTER 423. USE OF UNMANNED VEHICLES AND UNMANNED AIRCRAFT
	Sec. 423.001.  DEFINITION. In this chapter, "image" means
	any capturing of sound waves, thermal, infrared, ultraviolet,
	visible light, or other electromagnetic waves, odor, or other
	conditions existing on or about real property in this state or an
	individual located on that property.
	Sec. 423.002.  NONAPPLICABILITY. This chapter does not
	apply to an image of real property or an individual on real property
	located in this state that is captured by an unmanned vehicle or
	unmanned aircraft operated in this state:
	(1)  for purposes of professional or scholarly research
	and development by a person acting on behalf of an institution of
	higher education, as defined by Section 61.003, Education Code,
	including a person who:
	(A)  is a professor, employee, or student of the
	institution; or
	(B)  is under contract with or otherwise acting
	under the direction or on behalf of the institution;
	(2)  in airspace designated as a test site or range
	authorized by the Federal Aviation Administration for the purpose
	of integrating unmanned aircraft systems into the national
	airspace;
	(3)  as part of an operation, exercise, or mission of
	any branch of the United States military;
	(4)  if the image is taken by a satellite for the
	purpose of mapping;
	(5)  by a manufacturer or distributor of the unmanned
	vehicle or unmanned aircraft in connection with the development,
	manufacture, testing, or research of the vehicle or the aircraft;
	(6)  by a manufacturer or distributor incidental to the
	activities authorized under Subdivision (5) and the manufacturer or
	distributor discloses the image voluntarily to law enforcement
	because the manufacturer or distributor reasonably believes the
	image shows the commission of an offense; or
	(7)  by or for an electric or natural gas utility:
	(A)  for operations and maintenance of utility
	facilities for the purpose of maintaining utility system
	reliability and integrity;
	(B)  for inspecting utility facilities to
	determine repair, maintenance, or replacement needs during and
	after construction of such facilities;
	(C)  for assessing vegetation growth for the
	purpose of maintaining clearances on utility easements; and
	(D)  for utility facility routing and siting for
	the purpose of providing utility service.
	Sec. 423.003.  OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR
	UNMANNED AIRCRAFT TO CAPTURE IMAGE.  (a)  A person commits an
	offense if the person uses an unmanned vehicle or unmanned aircraft
	to capture an image of:
	(1)  an individual or privately owned real property in
	this state with the intent to conduct surveillance on the
	individual or property captured in the image; or
	(2)  real property in this state, on which a primary or
	secondary school or a licensed child-care facility is operated or
	an individual located on that property, with the intent to conduct
	surveillance.
	(b)  An offense under this section is a Class C misdemeanor.
	(c)  It is an exception to the application of this section
	that the image was captured:
	(1)  with the consent of the individual captured in the
	image and the individual who owns or lawfully occupies the real
	property captured in the image;
	(2)  pursuant to a valid search or arrest warrant;
	(3)  by a law enforcement authority or a person who is
	under contract with or otherwise acting under the direction or on
	behalf of a law enforcement authority:
	(A)  in immediate pursuit of a person law
	enforcement officers have probable cause to suspect has committed a
	felony;
	(B)  for the purpose of documenting a crime scene
	where a felony has been committed;
	(C)  for the purpose of investigating the scene of
	a human fatality or suspected human fatality;
	(D)  in connection with the search for a missing
	person; or
	(E)  for the purpose of resolving a hostage
	situation;
	(4)  by state or local law enforcement authorities, or
	a person who is under contract with or otherwise acting under the
	direction or on behalf of state authorities, for the purpose of:
	(A)  surveying the scene of a catastrophe or other
	damage to determine whether a state of emergency should be
	declared;
	(B)  preserving public safety, protecting
	property, or surveying damage or contamination during a lawfully
	declared state of emergency; or
	(C)  conducting routine air quality sampling and
	monitoring;
	(5)  at the scene of a spill, or a suspected spill, of
	hazardous materials;
	(6)  for the purpose of fire suppression;
	(7)  for the purpose of rescuing a person whose life or
	well-being is in imminent danger;
	(8)  by a Texas licensed real estate broker in
	connection with the marketing, sale, or financing of real property,
	provided that no individual is identifiable in the image;
	(9)  of real property or a person on real property that
	is within 25 miles of the United States border;
	(10)  from a height no more than eight feet above ground
	level in a public place, if the image was captured without using any
	electronic, mechanical, or other means to amplify the image beyond
	normal human perception;
	(11)  of public real property or a person on that
	property;
	(12)  by an electric or telecommunication utility
	provider regulated by the Public Utility Commission of Texas:
	(A)  for the purpose of performing and reporting
	the results of the annual inspection of transmission lines and
	other facilities as required by the commission, if the images are
	captured without the intent to conduct surveillance on an
	individual or real property located in this state; or
	(B)  for the purpose of maintaining or repairing
	transmission lines or other facilities, if the images are captured
	without the intent to conduct surveillance on an individual or real
	property located in this state;
	(13)  by the owner or operator of an oil, gas, water, or
	other pipeline for the purpose of maintaining or repairing
	pipelines or other transmission facilities, if the images are
	captured without the intent to conduct surveillance on an
	individual or real
	property located in this state;
	(14)  by a satellite for the purpose of mapping,
	provided that the images are not captured with the intent to conduct
	surveillance of an individual or real property located in this
	state;
	(15)  in connection with oil pipeline safety and rig
	protection;
	(16)  in connection with port authority surveillance
	and security;
	(17)  in connection with cattle ranching or agriculture
	and wildlife management;
	(18)  in connection with oil and gas exploration;
	(19)  for the purpose of water supply safety;
	(20)  for the purpose of surveying land;
	(21)  for the purpose of agriculture and farming
	safety; or
	(22)  in connection with an air show or related event.
	(d)  It is a defense to prosecution under this section that
	the person destroyed the image:
	(1)  as soon as the person had knowledge that the image
	was captured in violation of this section; and
	(2)  without disclosing, displaying, or distributing
	the image to a third party.
	(e)  This chapter does not apply to the manufacture,
	assembly, distribution, or sale of an unmanned vehicle or unmanned
	aircraft.
	(f)  In this section, "intent" has the meaning assigned by
	Section 6.03, Penal Code.
	Sec. 423.004.  OFFENSE: POSSESSION, DISCLOSURE, DISPLAY,
	DISTRIBUTION, OR USE OF IMAGE.  (a)  A person commits an offense if
	the person:
	(1)  captures an image in violation of Section 423.003;
	and
	(2)  possesses, discloses, displays, distributes, or
	otherwise uses that image.
	(b)  An offense under this section for the possession of an
	image is a Class C misdemeanor.  An offense under this section for
	the disclosure, display, distribution, or other use of an image is a
	Class B misdemeanor.
	(c)  Each image a person possesses, discloses, displays,
	distributes, or otherwise uses in violation of this section is a
	separate offense.
	(d)  It is a defense to prosecution under this section for
	the possession of an image that the person destroyed the image as
	soon as the person had knowledge that the image was captured in
	violation of Section 423.003.
	(e)  It is a defense to prosecution under this section for
	the disclosure, display, distribution, or other use of an image
	that the person stopped disclosing, displaying, distributing, or
	otherwise using the image as soon as the person had knowledge that
	the image was captured in violation of Section 423.003.
	Sec. 423.005.  ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT
	SUBJECT TO DISCLOSURE. (a)  Except as otherwise provided by
	Subsection (b), an image captured in violation of Section 423.003,
	or an image captured by an unmanned vehicle or unmanned aircraft
	that was incidental to the lawful capturing of an image:
	(1)  may not be used as evidence in any criminal or
	juvenile proceeding, civil action, or administrative proceeding;
	(2)  is not subject to disclosure, inspection, or
	copying under Chapter 552; and
	(3)  is not subject to discovery, subpoena, or other
	means of legal compulsion for its release.
	(b)  An image described by Subsection (a) may be disclosed
	and used as evidence to prove a violation of this chapter and is
	subject to discovery, subpoena, or other means of legal compulsion
	for that purpose.
	Sec. 423.006.  CIVIL ACTION. (a)  An owner or tenant of
	privately owned real property located in this state may bring
	against a person who, in violation of Section 423.003, captured an
	image of the property or the owner or tenant while on the property
	an action to:
	(1)  enjoin a violation or imminent violation of
	Section 423.003 or 423.004;
	(2)  recover a civil penalty of:
	(A)  $5,000 for all images captured in a single
	episode in violation of Section 423.003; or
	(B)  $10,000 for disclosure, display,
	distribution, or other use of any images captured in a single
	episode in violation of Section 423.004; or
	(3)  recover actual damages if the person who captured
	the image in violation of Section 423.003 discloses, displays, or
	distributes the image with malice.
	(b)  For purposes of recovering the civil penalty or actual
	damages under Subsection (a), all owners of a parcel of real
	property are considered to be a single owner and all tenants of a
	parcel of real property are considered to be a single tenant.
	(c)  In this section, "malice" has the meaning assigned by
	Section 41.001, Civil Practice and Remedies Code.
	(d)  In addition to any civil penalties authorized under this
	section, the court shall award court costs and reasonable
	attorney's fees to the prevailing party.
	(e)  Venue for an action under this section is governed by
	Chapter 15, Civil Practice and Remedies Code.
	(f)  An action brought under this section must be commenced
	within two years from the date the image was:
	(1)  captured in violation of Section 423.003; or
	(2)  initially disclosed, displayed, distributed, or
	otherwise used in violation of Section 423.004.
	Sec. 423.007.  RULES FOR USE BY LAW ENFORCEMENT. The
	Department of Public Safety shall adopt rules and guidelines for
	use of an unmanned vehicle or unmanned aircraft by a law enforcement
	authority in this state.
	SECTION 3.  The change in law made by this Act applies only
	to the capture, possession, disclosure, display, distribution, or
	other use of an image that occurs on or after the effective date of
	this Act.
	SECTION 4.  The provisions of this Act or the applications of
	those provisions are severable as provided by Section 311.032(c),
	Government Code.
	SECTION 5.  This Act takes effect September 1, 2013.