Texas 2011 - 82nd Regular

Texas Senate Bill SB841 Compare Versions

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Old	New	Differences
1	1	By: Patrick, et al. S.B. No. 841
2	2	(Miller of Erath, Hernandez Luna, Gallego)
3	3	Substitute the following for S.B. No. 841: No.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the prosecution of and punishment for the offense of
9	9	breach of computer security.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 33.01, Penal Code, is amended by adding
12	12	Subdivisions (10-a) and (14-a) to read as follows:
13	13	(10-a) "Critical infrastructure facility" means:
14	14	(A) a chemical manufacturing facility;
15	15	(B) a refinery;
16	16	(C) an electrical power generating facility,
17	17	substation, switching station, electrical control center, or
18	18	electrical transmission or distribution facility;
19	19	(D) a water intake structure, water treatment
20	20	facility, wastewater treatment plant, or pump station;
21	21	(E) a natural gas transmission compressor
22	22	station;
23	23	(F) a liquid natural gas terminal or storage
24	24	facility;
25	25	(G) a telecommunications central switching
26	26	office;
27	27	(H) a port, railroad switching yard, trucking
28	28	terminal, or other freight transportation facility;
29	29	(I) a gas processing plant, including a plant
30	30	used in the processing, treatment, or fractionation of natural gas;
31	31	(J) a transmission facility used by a federally
32	32	licensed radio or television station; or
33	33	(K) a cable television or video service provider
34	34	headend.
35	35	(14-a) "Identifying information" has the meaning
36	36	assigned by Section 32.51.
37	37	SECTION 2. Section 33.02, Penal Code, is amended by
38	38	amending Subsections (b) and (d) and adding Subsections (b-1),
39	39	(b-2), and (e) to read as follows:
40	40	(b) An offense under Subsection (a) [this section] is a
41	41	Class B misdemeanor, except that the offense is a state jail felony
42	42	if:
43	43	(1) the defendant has been previously convicted two or
44	44	more times of an offense under this chapter; or
45	45	(2) the computer, computer network, or computer system
46	46	is owned by the government or a critical infrastructure facility.
47	47	(b-1) A person commits an offense if with the intent to
48	48	obtain [unless in committing the offense the actor knowingly
49	49	obtains] a benefit, defraud [defrauds] or harm [harms] another, or
50	50	alter [alters], damage [damages], or delete [deletes] property, the
51	51	person knowingly accesses a computer, computer network, or computer
52	52	system without the effective consent of the owner.
53	53	(b-2) An offense under Subsection (b-1) [in which event the
54	54	offense] is:
55	55	(1) [a Class A misdemeanor if the aggregate amount
56	56	involved is less than $1,500;
57	57	[(2) a state jail felony if:
58	58	[(A) the aggregate amount involved is $1,500 or
59	59	more but less than $20,000; or
60	60	[(B) the aggregate amount involved is less than
61	61	$1,500 and the defendant has been previously convicted two or more
62	62	times of an offense under this chapter;
63	63	[(3)] a felony of the third degree if the aggregate
64	64	amount involved is [$20,000 or more but] less than $100,000;
65	65	(2) [(4)] a felony of the second degree if:
66	66	(A) the aggregate amount involved is $100,000 or
67	67	more but less than $200,000; [or]
68	68	(B) the aggregate amount involved is any amount
69	69	less than $200,000 and the computer, computer network, or computer
70	70	system is owned by the government or a critical infrastructure
71	71	facility; or
72	72	(C) the actor obtains the identifying
73	73	information of another by accessing only one computer, computer
74	74	network, or computer system; or
75	75	(3) [(5)] a felony of the first degree if:
76	76	(A) the aggregate amount involved is $200,000 or
77	77	more; or
78	78	(B) the actor obtains the identifying
79	79	information of another by accessing more than one computer,
80	80	computer network, or computer system.
81	81	(d) A person who is [his] subject to prosecution under this
82	82	section and any other section of this code may be prosecuted under
83	83	either or both sections.
84	84	(e) It is a defense to prosecution under this section that
85	85	the person acted with the intent to facilitate a lawful seizure or
86	86	search of, or lawful access to, a computer, computer network, or
87	87	computer system for a legitimate law enforcement purpose.
88	88	SECTION 3. The change in law made by this Act applies only
89	89	to an offense committed on or after the effective date of this Act.
90	90	An offense committed before the effective date of this Act is
91	91	covered by the law in effect when the offense was committed, and the
92	92	former law is continued in effect for that purpose. For purposes of
93	93	this section, an offense was committed before the effective date of
94	94	this Act if any element of the offense occurred before that date.
95	95	SECTION 4. This Act takes effect September 1, 2011.