84R2237 GRM-D
By: Bonnen of Galveston H.B. No. 631
A BILL TO BE ENTITLED
AN ACT
relating to the impersonation of a state agency website or an
associated website; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2054, Government Code, is
amended by adding Section 2054.012 to read as follows:
Sec. 2054.012. FRAUDULENT STATE AGENCY WEB PAGE PROHIBITED.
(a) In this section:
(1) "Benefit" and "harm" have the meanings assigned by
Section 1.07, Penal Code.
(2) "State agency" means a board, commission,
department, office, or other agency in the executive branch of
state government that is created by the constitution or a statute of
this state, including an institution of higher education as defined
by Section 61.003, Education Code.
(b) A person commits an offense if the person, without
obtaining the state agency's consent and with the intent to obtain a
benefit or harm or defraud another, creates or maintains on an
Internet site a web page that is represented as an official web page
of or a web page associated with a state agency.
(c) An offense under this section is a felony of the third
degree.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the person
may be prosecuted under this section, the other law, or both.
(e) It is an affirmative defense to prosecution under this
section that the person:
(1) discloses in unambiguous language to each visitor
to the web page that the web page is not associated with this state
or an agency, department, or institution of this state; and
(2) requires each visitor to the web page to
affirmatively acknowledge that the web page is not associated with
this state or an agency, department, or institution of this state.
SECTION 2. This Act takes effect September 1, 2015.