| 1 | 1 | | 84R2237 GRM-D |
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| 2 | 2 | | By: Bonnen of Galveston H.B. No. 631 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the impersonation of a state agency website or an |
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| 8 | 8 | | associated website; providing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 2054, Government Code, is |
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| 11 | 11 | | amended by adding Section 2054.012 to read as follows: |
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| 12 | 12 | | Sec. 2054.012. FRAUDULENT STATE AGENCY WEB PAGE PROHIBITED. |
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| 13 | 13 | | (a) In this section: |
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| 14 | 14 | | (1) "Benefit" and "harm" have the meanings assigned by |
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| 15 | 15 | | Section 1.07, Penal Code. |
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| 16 | 16 | | (2) "State agency" means a board, commission, |
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| 17 | 17 | | department, office, or other agency in the executive branch of |
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| 18 | 18 | | state government that is created by the constitution or a statute of |
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| 19 | 19 | | this state, including an institution of higher education as defined |
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| 20 | 20 | | by Section 61.003, Education Code. |
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| 21 | 21 | | (b) A person commits an offense if the person, without |
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| 22 | 22 | | obtaining the state agency's consent and with the intent to obtain a |
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| 23 | 23 | | benefit or harm or defraud another, creates or maintains on an |
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| 24 | 24 | | Internet site a web page that is represented as an official web page |
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| 25 | 25 | | of or a web page associated with a state agency. |
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| 26 | 26 | | (c) An offense under this section is a felony of the third |
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| 27 | 27 | | degree. |
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| 28 | 28 | | (d) If conduct that constitutes an offense under this |
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| 29 | 29 | | section also constitutes an offense under any other law, the person |
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| 30 | 30 | | may be prosecuted under this section, the other law, or both. |
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| 31 | 31 | | (e) It is an affirmative defense to prosecution under this |
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| 32 | 32 | | section that the person: |
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| 33 | 33 | | (1) discloses in unambiguous language to each visitor |
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| 34 | 34 | | to the web page that the web page is not associated with this state |
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| 35 | 35 | | or an agency, department, or institution of this state; and |
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| 36 | 36 | | (2) requires each visitor to the web page to |
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| 37 | 37 | | affirmatively acknowledge that the web page is not associated with |
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| 38 | 38 | | this state or an agency, department, or institution of this state. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2015. |
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