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Amend HB 2003 (Senate committee printing) by adding the 
following appropriately numbered SECTIONS and renumbering any 
subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Section 33.01, Penal Code, is amended by 
adding Subdivision (10-a) to read as follows:
		(10-a)  "Critical infrastructure facility" means:                      
			(A)  a chemical manufacturing facility;                               
			(B)  a refinery;                                                      
			(C)  an electrical power generating facility, 
substation, switching station, electrical control center, or 
electrical transmission or distribution facility;
			(D)  a water intake structure, water treatment 
facility, wastewater treatment plant, or pump station;
			(E)  a natural gas transmission compressor 
station;                 
			(F)  a liquid natural gas terminal or storage 
facility;             
			(G)  a facility owned or operated by a 
telecommunications provider, as defined by Section 51.002, 
Utilities Code, including a telecommunications central switching 
office;
			(H)  a port, railroad switching yard, trucking 
terminal, or other freight transportation facility;
			(I)  a gas processing plant, including a plant 
used in the processing, treatment, or fractionation of natural gas; 
or
			(J)  a transmission facility used by a federally 
licensed radio or television station.
			(K)  a cable television or video service provider 
headend.          
	SECTION ____.  Section 33.02, Penal Code, is amended by 
amending Subsections (b) and (d) and adding Subsections (b-1) and 
(b-2) to read as follows:
	(b)  An offense under Subsection (a) [this section] is a 
Class B misdemeanor, except that the offense is a state jail felony 
if:
		(1)  the defendant has been previously convicted two or 
more times of an offense under this chapter; or
		(2)  the computer, computer network, or computer system 
is owned by the government or a critical infrastructure facility.
	(b-1)  A person commits an offense if with the intent to 
obtain [unless in committing the offense the actor knowingly 
obtains] a benefit, defraud [defrauds] or harm [harms] another, or 
alter [alters], damage [damages], or delete [deletes] property, the 
person knowingly accesses a computer, computer network, or computer 
system without the effective consent of the owner.
	(b-2)  An offense under Subsection (b-1) [in which event the 
offense] is:
		(1)  [a Class A misdemeanor if the aggregate amount 
involved is less than $1,500;
		[(2)]  a state jail felony if:                               
			[(A)] the aggregate amount involved is [$1,500 or 
more but] less than $20,000[; or
			[(B)  the aggregate amount involved is less than 
$1,500 and the defendant has been previously convicted two or more 
times of an offense under this chapter];
		(2) [(3)]  a felony of the third degree if the 
aggregate amount involved is $20,000 or more but less than 
$100,000;
		(3) [(4)]  a felony of the second degree if:   
			(A)  the aggregate amount involved is $100,000 or 
more but less than $200,000; or
			(B)  the aggregate amount involved is any amount 
less than $200,000 and the computer, computer network, or computer 
system is owned by the government or a critical infrastructure 
facility; or
		(4) [(5)]  a felony of the first degree if the 
aggregate amount involved is $200,000 or more.
	(d)  A person who is [his] subject to prosecution under this 
section and any other section of this code may be prosecuted under 
either or both sections.
	SECTION ____.  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense occurred before that date.
	SECTION ____.  This Act takes effect September 1, 2009.