(a) Except as otherwise provided by Subsection (b), an image captured in violation of § 423.003, or an image captured by an 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.

Terms Used In Texas Government Code 423.005

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Subpoena: A command to a witness to appear and give testimony.