Bill Text: TX HB2185 | 2013-2014 | 83rd Legislature | Introduced
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-16 - Referred to Agriculture & Livestock [HB2185 Detail]
Download: Texas-2013-HB2185-Introduced.html
83R9298 SCL-F | ||
By: King of Zavala | H.B. No. 2185 |
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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. |