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AN ACT
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relating to the prosecution of and punishment for the offense of |
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breach of computer security. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.01, Penal Code, is amended by adding |
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Subdivisions (10-a) and (14-a) to read as follows: |
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(10-a) "Critical infrastructure facility" means: |
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(A) a chemical manufacturing facility; |
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(B) a refinery; |
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(C) an electrical power generating facility, |
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substation, switching station, electrical control center, or |
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electrical transmission or distribution facility; |
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(D) a water intake structure, water treatment |
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facility, wastewater treatment plant, or pump station; |
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(E) a natural gas transmission compressor |
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station; |
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(F) a liquid natural gas terminal or storage |
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facility; |
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(G) a telecommunications central switching |
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office; |
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(H) a port, railroad switching yard, trucking |
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terminal, or other freight transportation facility; |
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(I) a gas processing plant, including a plant |
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used in the processing, treatment, or fractionation of natural gas; |
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(J) a transmission facility used by a federally |
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licensed radio or television station; or |
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(K) a cable television or video service provider |
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headend. |
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(14-a) "Identifying information" has the meaning |
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assigned by Section 32.51. |
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SECTION 2. Section 33.02, Penal Code, is amended by |
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amending Subsections (b) and (d) and adding Subsections (b-1), |
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(b-2), and (e) to read as follows: |
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(b) An offense under Subsection (a) [this section] is a |
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Class B misdemeanor, except that the offense is a state jail felony |
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if: |
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(1) the defendant has been previously convicted two or |
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more times of an offense under this chapter; or |
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(2) the computer, computer network, or computer system |
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is owned by the government or a critical infrastructure facility. |
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(b-1) A person commits an offense if with the intent to |
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defraud [unless in committing the offense the actor knowingly
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obtains a benefit, defrauds] or harm [harms] another[,] or alter |
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[alters], damage [damages], or delete [deletes] property, the |
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person knowingly accesses a computer, computer network, or computer |
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system without the effective consent of the owner. |
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(b-2) An offense under Subsection (b-1) [in which event the
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offense] is: |
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(1) [a Class A misdemeanor if the aggregate amount
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involved is less than $1,500;
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[(2)] a state jail felony if [:
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[(A)] the aggregate amount involved is [$1,500 or
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more but] less than $20,000[; or
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[(B)
the aggregate amount involved is less than
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$1,500 and the defendant has been previously convicted two or more
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times of an offense under this chapter]; |
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(2) [(3)] a felony of the third degree if the |
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aggregate amount involved is $20,000 or more but less than |
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$100,000; |
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(3) [(4)] a felony of the second degree if: |
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(A) the aggregate amount involved is $100,000 or |
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more but less than $200,000; |
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(B) the aggregate amount involved is any amount |
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less than $200,000 and the computer, computer network, or computer |
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system is owned by the government or a critical infrastructure |
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facility; or |
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(C) the actor obtains the identifying |
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information of another by accessing only one computer, computer |
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network, or computer system; or |
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(4) [(5)] a felony of the first degree if: |
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(A) the aggregate amount involved is $200,000 or |
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more; or |
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(B) the actor obtains the identifying |
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information of another by accessing more than one computer, |
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computer network, or computer system. |
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(d) A person who is [his] subject to prosecution under this |
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section and any other section of this code may be prosecuted under |
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either or both sections. |
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(e) It is a defense to prosecution under this section that |
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the person acted with the intent to facilitate a lawful seizure or |
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search of, or lawful access to, a computer, computer network, or |
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computer system for a legitimate law enforcement purpose. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3396 was passed by the House on May 5, |
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2011, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3396 on May 26, 2011, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3396 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |