Bill Text: TX HB9 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to cybercrime; creating criminal offenses.
Spectrum: Slight Partisan Bill (Republican 8-4)
Status: (Passed) 2017-06-12 - Effective on 9/1/17 [HB9 Detail]
Download: Texas-2017-HB9-Introduced.html
Bill Title: Relating to cybercrime; creating criminal offenses.
Spectrum: Slight Partisan Bill (Republican 8-4)
Status: (Passed) 2017-06-12 - Effective on 9/1/17 [HB9 Detail]
Download: Texas-2017-HB9-Introduced.html
85R5150 ADM-D | ||
By: Capriglione | H.B. No. 9 |
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relating to cybercrime; creating criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Texas Cybercrime | ||
Act. | ||
SECTION 2. Chapter 33, Penal Code, is amended by adding | ||
Sections 33.022 and 33.023 to read as follows: | ||
Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE. (a) A person | ||
commits an offense if the person intentionally interrupts or | ||
suspends access to a computer system or computer network without | ||
the effective consent of the owner. | ||
(b) An offense under this section is a third degree felony. | ||
(c) It is a defense to prosecution under this section that | ||
the person acted with the intent to facilitate a lawful seizure or | ||
search of, or lawful access to, a computer, computer network, or | ||
computer system for a legitimate law enforcement purpose. | ||
Sec. 33.023. ELECTRONIC DATA TAMPERING. (a) In this | ||
section: | ||
(1) "Malware" means computer software used to: | ||
(A) gather data without the effective consent of | ||
the owner of the data; | ||
(B) gain access to a computer, computer network, | ||
or computer system without the effective consent of the owner; or | ||
(C) disrupt the operation of a computer, computer | ||
network, or computer system without the effective consent of the | ||
owner. | ||
(2) "Ransomware" means malware that demands a ransom | ||
payment to: | ||
(A) restore access to a person's property; or | ||
(B) not publish the person's data. | ||
(b) A person commits an offense if the person: | ||
(1) alters data as it transmits between two computers | ||
in a computer network or computer system without the effective | ||
consent of the owner; or | ||
(2) introduces malware, including ransomware, onto a | ||
computer, computer network, or computer system without the | ||
effective consent of the owner. | ||
(c) An offense under this section is a Class A misdemeanor, | ||
unless the person acted with the intent to defraud or harm another | ||
or alter, damage, or delete property, in which event the offense is: | ||
(1) a state jail felony if the aggregate amount | ||
involved is $2,500 or more but less than $30,000; | ||
(2) a felony of the third degree if the aggregate | ||
amount involved is $30,000 or more but less than $150,000; | ||
(3) a felony of the second degree if: | ||
(A) the aggregate amount involved is $150,000 or | ||
more but less than $300,000; or | ||
(B) the aggregate amount involved is any amount | ||
less than $300,000 and the computer, computer network, or computer | ||
system is owned by the government or a critical infrastructure | ||
facility; or | ||
(4) a felony of the first degree if the aggregate | ||
amount involved is $300,000 or more. | ||
(d) When benefits are obtained, a victim is defrauded or | ||
harmed, or property is altered, damaged, or deleted in violation of | ||
this section, whether or not in a single incident, the conduct may | ||
be considered as one offense and the value of the benefits obtained | ||
and of the losses incurred because of the fraud, harm, or | ||
alteration, damage, or deletion of property may be aggregated in | ||
determining the grade of the offense. | ||
(e) A person who is subject to prosecution under this | ||
section and any other section of this code may be prosecuted under | ||
either or both sections. | ||
SECTION 3. Section 33.03, Penal Code, is amended to read as | ||
follows: | ||
Sec. 33.03. DEFENSES. It is an affirmative defense to | ||
prosecution under Section 33.02, 33.022, or 33.023(b)(1) that the | ||
actor was an officer, employee, or agent of a communications common | ||
carrier or electric utility and committed the proscribed act or | ||
acts in the course of employment while engaged in an activity that | ||
is a necessary incident to the rendition of service or to the | ||
protection of the rights or property of the communications common | ||
carrier or electric utility. | ||
SECTION 4. 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 on the date 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 5. This Act takes effect September 1, 2017. |