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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of false caller |
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identification information display. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33A, Penal Code, is amended by adding |
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Section 33A.051 to read as follows: |
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Sec. 33A.051. FALSE CALLER IDENTIFICATION INFORMATION |
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DISPLAY. (a) A person commits an offense if the person, with the |
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intent to defraud, harass, or cause harm, makes a call or engages in |
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any other conduct using any type of technology, including the |
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public switched telephone network or a successor network, a |
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commercial mobile service, or a Voice over Internet Protocol |
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service, that results in the display on another person's |
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telecommunications device of data that misrepresents the actor's |
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identity or telephone number. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) Notwithstanding any other provision of this chapter, a |
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conviction for an offense under this section may not be used for |
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enhancement purposes under any other section of this chapter. |
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(d) It is an exception to the application of this section |
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that the actor: |
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(1) blocked caller identification information; |
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(2) was a peace officer or federal law enforcement |
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officer lawfully discharging an official duty; |
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(3) was an officer, agent, or employee of a federal |
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intelligence or security agency lawfully discharging an official |
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duty; or |
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(4) was an officer, agent, or employee of a |
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telecommunications service provider who was: |
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(i) acting in the provider's capacity as an |
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intermediary for the transmission of telephone service between the |
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caller and the recipient; |
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(ii) providing or configuring a service or |
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service feature as requested by a customer; |
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(iii) acting in a manner that is authorized |
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or required by other law; or |
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(iv) engaging in other conduct that is a |
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necessary incident to the provision of service. |
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SECTION 2. This Act takes effect September 1, 2019. |