Texas Senate Bill SB841

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/27/11
• Introduced: 2/22/11
• Voted on by Senate: 4/29/11
• Refer: 3/1/11
• Out of House Committee: 5/9/11
• Report Pass: 4/27/11
• Voted on by House: 5/25/11
• Engrossed: 4/29/11
• Refer: 5/2/11
• Report Pass: 5/7/11

Caption

Relating to the prosecution of and punishment for the offense of breach of computer security.

Impact

The changes proposed in SB841 would significantly alter the legal landscape regarding computer security breaches in Texas. The bill elevates the penalties for unauthorized access involving the state's critical infrastructure, categorizing offenses differently based on the severity and intent. For instance, repeat offenders face harsher punishments, potentially escalating from a Class B misdemeanor to various degrees of felonies based on the nature of the breach. This framework is designed to deter individuals from engaging in cybercriminal activities, especially those targeting vital public services and systems.

Summary

SB841 addresses the prosecution and punishment associated with breaches of computer security. It introduces amendments to the existing Penal Code, specifically Section 33.01, to clarify definitions regarding offenses related to unauthorized access to computer networks and systems. The bill aims to enhance penalties for breaches that involve critical infrastructure facilities, such as power plants, water treatment facilities, and chemical manufacturing sites. By defining these structures as critical infrastructure, the bill recognizes the heightened risks associated with security breaches in these areas.

Contention

While the bill aims to strengthen cybersecurity measures, there are points of contention regarding the balance between security and individual rights. Critics have raised concerns about the potential for overreach in the enforcement of these laws, fearing that the definitions and penalties may be too broad. There are worries that this could lead to criminalization of behavior that may not pose substantial risks or that innocent actions could be misinterpreted as malicious intent. As cybersecurity continues to be a pressing issue, the discussions around SB841 highlight the need for careful consideration of both robust security measures and the protection of individual freedoms.