By: Hernandez H.B. No. 896
A BILL TO BE ENTITLED
AN ACT
relating to creating a criminal offense regarding the breach of
computer security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.02, Penal Code, is amended by
amending Subsection (b-1) and adding Subsection (f) to read as
follows:
(b-1) A person commits an offense if, with the intent to
defraud or harm another or alter, damage, or delete property, the
person knowingly accesses:
(1) a computer, computer network, or computer system
without the effective consent of the owner; or
(2) a computer, computer network, or computer system:
(A) that is owned by:
(i) the government; or
(ii) a business or other commercial entity
engaged in a business activity;
(B) in violation of:
(i) a clear and conspicuous prohibition by
the owner of the computer, computer network, or computer system; or
(ii) a contractual agreement to which the
person has expressly agreed; and
(C) with the intent to obtain or use a file, data,
or proprietary information stored in the computer, network, or
system to defraud or harm another or alter, damage, or delete
property.
(f) It is a defense to prosecution under Subsection (b-1)(2)
that the actor's conduct consisted solely of action taken pursuant
to a contract that was entered into with the owner of the computer,
computer network, or computer system for the purpose of assessing
the security of the computer, network, or system or providing other
security-related services.
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
governed 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, 2015.