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A BILL TO BE ENTITLED
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AN ACT
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relating to publishing certain images of private property on the |
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Internet; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 99, Business & Commerce Code, is amended by |
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adding Chapter 2003 to read as follows: |
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CHAPTER 2003. INTERNET PUBLICATION OF CERTAIN IMAGES OF PRIVATE |
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PROPERTY |
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Sec. 2003.001. DEFINITIONS. In this chapter: |
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(1) "Public right-of-way" has the meaning assigned by |
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Section 66.002, Utilities Code. |
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(2) "Publish" means to communicate information or make |
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information available to the public. |
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Sec. 2003.002. INTERNET PUBLICATION OF CERTAIN IMAGES OF |
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PRIVATE PROPERTY PROHIBITED. (a) Except as provided by Subsection |
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(b), a person may not publish through the Internet, or cause to |
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publish through the Internet, an image capable of zooming into |
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greater detail than that of an aerial photograph taken without a |
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magnifying lens 300 feet or higher of private property not visible |
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from the public right-of-way. |
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(b) Subsection (a) does not apply if a person has the |
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written consent of the property owner. |
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Sec. 2003.003. PENALTY. (a) A person commits an offense if |
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the person knowingly violates this chapter. |
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(b) An offense under this section is a Class B misdemeanor. |
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(c) Each day a person publishes an image in violation of |
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this chapter constitutes a separate offense. |
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SECTION 2. The change in law made by this Act applies only |
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to an image capable, on or after the effective date of this Act, of |
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depicting greater detail than described by Section 2003.002(a), |
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Business & Commerce Code, as added by this Act, regardless of the |
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date the image was published. |
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SECTION 3. This Act takes effect September 1, 2009. |