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AN ACT
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relating to creating a criminal offense regarding the breach of |
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computer security. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.02, Penal Code, is amended by |
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amending Subsection (b-1) and adding Subsection (f) to read as |
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follows: |
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(b-1) A person commits an offense if, with the intent to |
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defraud or harm another or alter, damage, or delete property, the |
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person knowingly accesses: |
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(1) a computer, computer network, or computer system |
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without the effective consent of the owner; or |
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(2) a computer, computer network, or computer system: |
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(A) that is owned by: |
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(i) the government; or |
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(ii) a business or other commercial entity |
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engaged in a business activity; |
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(B) in violation of: |
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(i) a clear and conspicuous prohibition by |
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the owner of the computer, computer network, or computer system; or |
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(ii) a contractual agreement to which the |
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person has expressly agreed; and |
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(C) with the intent to obtain or use a file, data, |
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or proprietary information stored in the computer, network, or |
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system to defraud or harm another or alter, damage, or delete |
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property. |
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(f) It is a defense to prosecution under Subsection (b-1)(2) |
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that the actor's conduct consisted solely of action taken pursuant |
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to a contract that was entered into with the owner of the computer, |
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computer network, or computer system for the purpose of assessing |
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the security of the computer, network, or system or providing other |
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security-related services. |
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SECTION 2. 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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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |
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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. 896 was passed by the House on April |
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17, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 896 was passed by the Senate on May |
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15, 2015, by the following vote: Yeas 31, Nays 0. |
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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 |