Texas 2015 - 84th Regular

Texas House Bill HB896 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Hernandez (Senate Sponsor - Huffman) H.B. No. 896
2		-	(In the Senate - Received from the House April 20, 2015;
3		-	April 23, 2015, read first time and referred to Committee on
4		-	Criminal Justice; May 6, 2015, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; May 6, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 896
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to creating a criminal offense regarding the breach of
12	6		computer security.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 33.02, Penal Code, is amended by
15	9		amending Subsection (b-1) and adding Subsection (f) to read as
16	10		follows:
17	11		(b-1) A person commits an offense if, with the intent to
18	12		defraud or harm another or alter, damage, or delete property, the
19	13		person knowingly accesses:
20	14		(1) a computer, computer network, or computer system
21	15		without the effective consent of the owner; or
22	16		(2) a computer, computer network, or computer system:
23	17		(A) that is owned by:
24	18		(i) the government; or
25	19		(ii) a business or other commercial entity
26	20		engaged in a business activity;
27	21		(B) in violation of:
28	22		(i) a clear and conspicuous prohibition by
29	23		the owner of the computer, computer network, or computer system; or
30	24		(ii) a contractual agreement to which the
31	25		person has expressly agreed; and
32	26		(C) with the intent to obtain or use a file, data,
33	27		or proprietary information stored in the computer, network, or
34	28		system to defraud or harm another or alter, damage, or delete
35	29		property.
36	30		(f) It is a defense to prosecution under Subsection (b-1)(2)
37	31		that the actor's conduct consisted solely of action taken pursuant
38	32		to a contract that was entered into with the owner of the computer,
39	33		computer network, or computer system for the purpose of assessing
40	34		the security of the computer, network, or system or providing other
41	35		security-related services.
42	36		SECTION 2. The change in law made by this Act applies only
43	37		to an offense committed on or after the effective date of this Act.
44	38		An offense committed before the effective date of this Act is
45	39		governed by the law in effect when the offense was committed, and
46	40		the former law is continued in effect for that purpose. For
47	41		purposes of this section, an offense was committed before the
48	42		effective date of this Act if any element of the offense occurred
49	43		before that date.
50	44		SECTION 3. This Act takes effect September 1, 2015.
51		-	* * * * *
	45	+	______________________________ ______________________________
	46	+	President of the Senate Speaker of the House
	47	+	I certify that H.B. No. 896 was passed by the House on April
	48	+	17, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	49	+	voting.
	50	+	______________________________
	51	+	Chief Clerk of the House
	52	+	I certify that H.B. No. 896 was passed by the Senate on May
	53	+	15, 2015, by the following vote: Yeas 31, Nays 0.
	54	+	______________________________
	55	+	Secretary of the Senate
	56	+	APPROVED: _____________________
	57	+	Date
	58	+	_____________________
	59	+	Governor