Bill Text: TX HB101 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the criminal offense of false caller identification information display.
Sponsorship: Bipartisan Bill
Status: (Passed) 2019-06-15 - Effective on 9/1/19 [HB101 Detail]
Download: Texas-2019-HB101-Enrolled.html
| H.B. No. 101 | ||
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| 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 | ||
