H.B. No. 101

	AN ACT
	relating to the creation of the criminal offense of false caller
	identification information display.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 33A, Penal Code, is amended by adding
	Section 33A.051 to read as follows:
	Sec. 33A.051.  FALSE CALLER IDENTIFICATION INFORMATION
	DISPLAY. (a) A person commits an offense if the person, with the
	intent to defraud or cause harm, makes a call or engages in any
	other conduct using any type of technology that results in the
	display on another person's telecommunications device of data that
	misrepresents the actor's identity or telephone number.
	(b)  An offense under this section is a Class A misdemeanor.
	(c)  Notwithstanding any other provision of this chapter, a
	conviction for an offense under this section may not be used for
	enhancement purposes under any other section of this chapter.
	(d)  It is a defense to prosecution that the actor:
	(1)  blocked caller identification information;
	(2)  was a peace officer or federal law enforcement
	officer lawfully discharging an official duty;
	(3)  was an officer, agent, or employee of a federal
	intelligence or security agency lawfully discharging an official
	duty;
	(4)  was an officer, agent, or employee of a
	telecommunications service provider who was:
	(A)  acting in the provider's capacity as an
	intermediary for the transmission of telephone service, a Voice
	over Internet Protocol transmission, or another type of
	telecommunications transmission between the caller and the
	recipient;
	(B)  providing or configuring a service or service
	feature as requested by a customer;
	(C)  acting in a manner that is authorized or
	required by other law; or
	(D)  engaging in other conduct that is a necessary
	incident to the provision of service; or
	(5)  was a private investigator licensed under Chapter
	1702, Occupations Code, lawfully conducting an investigation.
	(e)  For the purposes of this section, "telecommunications
	service provider" means a:
	(1)  telecommunications provider, as defined by
	Section 51.002, Utilities Code; or
	(2)  provider of telecommunications service, advanced
	communications services, or information service, as those terms are
	defined by 47 U.S.C. Section 153.
	SECTION 2.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 101 was passed by the House on April
	2, 2019, by the following vote:  Yeas 147, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 101 was passed by the Senate on May
	22, 2019, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor