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.
Spectrum: 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 |