By: Patrick S.B. No. 249
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of breach of computer
security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b-1), Section 33.02, Penal Code, is
amended to read as follows:
(b-1) A person commits an offense if:
(1) with the intent to defraud or harm another or
alter, damage, or delete property, the person knowingly accesses a
computer, computer network, or computer system without the
effective consent of the owner; or
(2) with the intent to obtain a benefit, the person
knowingly accesses a computer, computer network, or computer system
in violation of:
(A) a clear and conspicuous prohibition by the
owner of the computer, computer network, or computer system; or
(B) a contractual agreement to which the person
has expressly agreed.
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
covered 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, 2013.