Bill Text: TX HB896 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to creating a criminal offense regarding the breach of computer security.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-05-28 - Effective on 9/1/15 [HB896 Detail]

Download: Texas-2015-HB896-Enrolled.html
 
 
  H.B. No. 896
 
 
 
 
AN ACT
  relating to creating a criminal offense regarding the breach of
  computer security.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.02, Penal Code, is amended by
  amending Subsection (b-1) and adding Subsection (f) to read as
  follows:
         (b-1)  A person commits an offense if, with the intent to
  defraud or harm another or alter, damage, or delete property, the
  person knowingly accesses:
               (1)  a computer, computer network, or computer system
  without the effective consent of the owner; or
               (2)  a computer, computer network, or computer system:
                     (A)  that is owned by:
                           (i)  the government; or
                           (ii)  a business or other commercial entity
  engaged in a business activity;
                     (B)  in violation of:
                           (i)  a clear and conspicuous prohibition by
  the owner of the computer, computer network, or computer system; or
                           (ii)  a contractual agreement to which the
  person has expressly agreed; and
                     (C)  with the intent to obtain or use a file, data,
  or proprietary information stored in the computer, network, or
  system to defraud or harm another or alter, damage, or delete
  property.
         (f)  It is a defense to prosecution under Subsection (b-1)(2)
  that the actor's conduct consisted solely of action taken pursuant
  to a contract that was entered into with the owner of the computer,
  computer network, or computer system for the purpose of assessing
  the security of the computer, network, or system or providing other
  security-related services. 
         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
  governed 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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 896 was passed by the House on April
  17, 2015, by the following vote:  Yeas 139, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 896 was passed by the Senate on May
  15, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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