Texas 2011 - 82nd Regular

Texas House Bill HB2397 Compare Versions

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Old	New	Differences
1	1	82R21156 KEL-F
2	2	By: Miller of Erath H.B. No. 2397
3	3	Substitute the following for H.B. No. 2397:
4	4	By: Burkett C.S.H.B. No. 2397
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of and punishment for the offense of
10	10	breach of computer security.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 33.01, Penal Code, is amended by adding
13	13	Subdivisions (10-a) and (14-a) to read as follows:
14	14	(10-a) "Critical infrastructure facility" means:
15	15	(A) a chemical manufacturing facility;
16	16	(B) a refinery;
17	17	(C) an electrical power generating facility,
18	18	substation, switching station, electrical control center, or
19	19	electrical transmission or distribution facility;
20	20	(D) a water intake structure, water treatment
21	21	facility, wastewater treatment plant, or pump station;
22	22	(E) a natural gas transmission compressor
23	23	station;
24	24	(F) a liquid natural gas terminal or storage
25	25	facility;
26	26	(G) a telecommunications central switching
27	27	office;
28	28	(H) a port, railroad switching yard, trucking
29	29	terminal, or other freight transportation facility;
30	30	(I) a gas processing plant, including a plant
31	31	used in the processing, treatment, or fractionation of natural gas;
32	32	(J) a transmission facility used by a federally
33	33	licensed radio or television station; or
34	34	(K) a cable television or video service provider
35	35	headend.
36	36	(14-a) "Identifying information" has the meaning
37	37	assigned by Section 32.51.
38	38	SECTION 2. Section 33.02, Penal Code, is amended by
39	39	amending Subsections (b) and (d) and adding Subsections (b-1),
40	40	(b-2), and (e) to read as follows:
41	41	(b) An offense under Subsection (a) [this section] is a
42	42	Class B misdemeanor, except that the offense is a state jail felony
43	43	if:
44	44	(1) the defendant has been previously convicted two or
45	45	more times of an offense under this chapter; or
46	46	(2) the computer, computer network, or computer system
47	47	is owned by the government or a critical infrastructure facility.
48	48	(b-1) A person commits an offense if with the intent to
49	49	obtain [unless in committing the offense the actor knowingly
50	50	obtains] a benefit, defraud [defrauds] or harm [harms] another, or
51	51	alter [alters], damage [damages], or delete [deletes] property, the
52	52	person knowingly accesses a computer, computer network, or computer
53	53	system without the effective consent of the owner.
54	54	(b-2) An offense under Subsection (b-1) [in which event the
55	55	offense] is:
56	56	(1) [a Class A misdemeanor if the aggregate amount
57	57	involved is less than $1,500;
58	58	[(2) a state jail felony if:
59	59	[(A) the aggregate amount involved is $1,500 or
60	60	more but less than $20,000; or
61	61	[(B) the aggregate amount involved is less than
62	62	$1,500 and the defendant has been previously convicted two or more
63	63	times of an offense under this chapter;
64	64	[(3)] a felony of the third degree if the aggregate
65	65	amount involved is [$20,000 or more but] less than $100,000;
66	66	(2) [(4)] a felony of the second degree if:
67	67	(A) the aggregate amount involved is $100,000 or
68	68	more but less than $200,000; [or]
69	69	(B) the aggregate amount involved is any amount
70	70	less than $200,000 and the computer, computer network, or computer
71	71	system is owned by the government or a critical infrastructure
72	72	facility; or
73	73	(C) the actor obtains the identifying
74	74	information of another by accessing only one computer, computer
75	75	network, or computer system; or
76	76	(3) [(5)] a felony of the first degree if:
77	77	(A) the aggregate amount involved is $200,000 or
78	78	more; or
79	79	(B) the actor obtains the identifying
80	80	information of another by accessing more than one computer,
81	81	computer network, or computer system.
82	82	(d) A person who is [his] subject to prosecution under this
83	83	section and any other section of this code may be prosecuted under
84	84	either or both sections.
85	85	(e) It is a defense to prosecution under this section that
86	86	the person acted with the intent to facilitate a lawful seizure or
87	87	search of, or lawful access to, a computer, computer network, or
88	88	computer system for a legitimate law enforcement purpose.
89	89	SECTION 3. The change in law made by this Act applies only
90	90	to an offense committed on or after the effective date of this Act.
91	91	An offense committed before the effective date of this Act is
92	92	covered by the law in effect when the offense was committed, and the
93	93	former law is continued in effect for that purpose. For purposes of
94	94	this section, an offense was committed before the effective date of
95	95	this Act if any element of the offense occurred before that date.
96	96	SECTION 4. This Act takes effect September 1, 2011.