Bill Text: TX HB2539 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to requiring computer technicians to report images of child pornography; providing a criminal penalty.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2539 Detail]
Download: Texas-2013-HB2539-Enrolled.html
H.B. No. 2539 |
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relating to requiring computer technicians to report images of | ||
child pornography; providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 109 to read as follows: | ||
CHAPTER 109. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD | ||
PORNOGRAPHY | ||
Sec. 109.001. DEFINITIONS. In this chapter: | ||
(1) "Child pornography" means an image of a child | ||
engaging in sexual conduct or sexual performance. | ||
(2) "Commercial mobile service provider" has the | ||
meaning assigned by Section 64.201, Utilities Code. | ||
(3) "Computer technician" means an individual who in | ||
the course and scope of employment or business installs, repairs, | ||
or otherwise services a computer for a fee. | ||
(4) "Information service provider" includes an | ||
Internet service provider and hosting service provider. | ||
(5) "Sexual conduct" and "sexual performance" have the | ||
meanings assigned by Section 43.25, Penal Code. | ||
(6) "Telecommunications provider" has the meaning | ||
assigned by Section 51.002, Utilities Code. | ||
Sec. 109.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. | ||
(a) A computer technician who, in the course and scope of | ||
employment or business, views an image on a computer that is or | ||
appears to be child pornography shall immediately report the | ||
discovery of the image to a local or state law enforcement agency or | ||
the Cyber Tipline at the National Center for Missing and Exploited | ||
Children. The report must include the name and address of the owner | ||
or person claiming a right to possession of the computer, if known, | ||
and as permitted by federal law. | ||
(b) Except in a case of wilful or wanton misconduct, a | ||
computer technician may not be held liable in a civil action for | ||
reporting or failing to report the discovery of an image under | ||
Subsection (a). | ||
(c) A telecommunications provider, commercial mobile | ||
service provider, or information service provider may not be held | ||
liable under this chapter for the failure to report child | ||
pornography that is transmitted or stored by a user of the service. | ||
Sec. 109.003. CRIMINAL PENALTY. (a) A person who | ||
intentionally fails to report an image in violation of this chapter | ||
commits an offense. An offense under this subsection is a Class B | ||
misdemeanor. | ||
(b) It is a defense to prosecution under this section that | ||
the actor did not report the discovery of an image of child | ||
pornography because the child in the image appeared to be at least | ||
18 years of age. | ||
SECTION 2. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2539 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 145, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2539 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |