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  By: Patrick S.B. No. 249
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the offense of breach of computer
  security.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b-1), Section 33.02, Penal Code, is
  amended to read as follows:
         (b-1)  A person commits an offense if:
               (1)  with the intent to defraud or harm another or
  alter, damage, or delete property, the person knowingly accesses a
  computer, computer network, or computer system without the
  effective consent of the owner; or
               (2)  with the intent to obtain a benefit, the person
  knowingly accesses a computer, computer network, or computer system
  in violation of:
                     (A)  a clear and conspicuous prohibition by the
  owner of the computer, computer network, or computer system; or
                     (B)  a contractual agreement to which the person
  has expressly agreed.
         SECTION 2.  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 3.  This Act takes effect September 1, 2013.