An owner or tenant of privately owned real property in the state may sue a person who violated Section 423.003 by capturing an image on the property, and the court must award costs and reasonable attorney’s fees to the prevailing party.
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. Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.