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In Texas it is legal in many circumstances to photograph someone without them knowing. The main factor that comes into consideration is the what is the subjects expectation of privacy.
Walking down a public street or through a public park people have no expectation of privacy. However if a person is in a changing room or bathroom they do have an expectation of privacy so using a hidden camera would not be permitted.
Also a homeowner can place hidden cameras in their home and a visitor or burglar would not have grounds to complain about the photos taken. But a visitor to the home cannot hide a camera and then take surveillance photos later without consent of the homeowner.
If you want to provide more details about the nature of the photo and how it was taken I may be able to provide you with a more insightful answer.
I hope that I have answered your question. Please let me know if you have more questions or need more information.
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