Texas 2017 - 85th Regular

Texas House Bill HB2483 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R27525 TSR-F
2	2	By: Parker H.B. No. 2483
3	3	Substitute the following for H.B. No. 2483:
4	4	By: Stickland C.S.H.B. No. 2483
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the capture, use, or recording of certain items for
10	10	commercial purposes, including the prosecution of criminal
11	11	offenses regarding unauthorized recordings.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 503.001, Business & Commerce Code, is
14	14	amended by adding Subsection (e) to read as follows:
15	15	(e) This section does not apply to a financial institution
16	16	or an affiliate of a financial institution, as those terms are
17	17	defined by 15 U.S.C. Section 6809.
18	18	SECTION 2. Section 641.001(4), Business & Commerce Code, is
19	19	amended to read as follows:
20	20	(4) "Recording" means a tangible medium on which
21	21	sounds, images, or both are recorded or otherwise stored,
22	22	including:
23	23	(A) an original phonograph record, disc, tape,
24	24	audio or video cassette, wire, film, memory card, flash drive, hard
25	25	drive, data storage device, or other medium now existing or later
26	26	developed; or
27	27	(B) a copy or reproduction that wholly or partly
28	28	duplicates the original.
29	29	SECTION 3. Section 641.054, Business & Commerce Code, is
30	30	amended to read as follows:
31	31	Sec. 641.054. IMPROPER LABELING. (a) A person commits an
32	32	offense if:
33	33	(1) for commercial advantage or private financial
34	34	gain, the person knowingly:
35	35	(A) advertises, offers for sale, sells, rents, or
36	36	transports a recording;
37	37	(B) causes the sale, resale, rental, or
38	38	transportation of a recording; or
39	39	(C) possesses a recording for a purpose described
40	40	by Paragraph (A) or (B); and
41	41	(2) the outside cover, box, or jacket of the recording
42	42	does not clearly and conspicuously disclose[:
43	43	[(A)] the actual name and address of the
44	44	manufacturer[; and
45	45	[(B) the name of the performer or group].
46	46	(b) An offense under this section is punishable by:
47	47	(1) imprisonment for a term of not more than five
48	48	years, a fine not to exceed $250,000, or both imprisonment and the
49	49	fine, if:
50	50	(A) the offense involves [at least] 65 or more
51	51	improperly labeled [unauthorized] recordings, or the commercial
52	52	equivalent thereof, during a 180-day period; or
53	53	(B) the defendant has been previously convicted
54	54	under this section;
55	55	(2) imprisonment for a term of not more than two years,
56	56	a fine not to exceed $250,000, or both imprisonment and the fine, if
57	57	the offense involves more than seven but fewer than 65 improperly
58	58	labeled [unauthorized] recordings, or the commercial equivalent
59	59	thereof, during a 180-day period; or
60	60	(3) confinement in the county jail for a term of not
61	61	more than one year, a fine not to exceed $25,000, or both
62	62	confinement and the fine, if the offense is not otherwise
63	63	punishable under Subdivision (1) or (2).
64	64	SECTION 4. Article 42.037, Code of Criminal Procedure, is
65	65	amended by adding Subsections (t), (u), and (v) to read as follows:
66	66	(t) If a person is convicted of an offense under Section
67	67	641.054, Business & Commerce Code, the court shall order the person
68	68	to make restitution to an owner or lawful producer of a master
69	69	recording that has suffered financial loss as a result of the
70	70	offense or to a trade association that represents that owner or
71	71	lawful producer. The amount of restitution ordered shall be:
72	72	(1) the greater of:
73	73	(A) the aggregate wholesale value of the lawfully
74	74	manufactured and authorized recordings corresponding to the number
75	75	of nonconforming recordings involved in the offense; or
76	76	(B) the actual financial loss to the owner,
77	77	lawful producer, or trade association; and
78	78	(2) the costs associated with investigating the
79	79	offense.
80	80	(u) For purposes of Subsection (t)(1)(A):
81	81	(1) the calculation of the aggregate wholesale value
82	82	is based on the average wholesale value of the lawfully
83	83	manufactured and authorized recordings; and
84	84	(2) the specific wholesale value of each nonconforming
85	85	recording is not relevant to the calculation.
86	86	(v) For purposes of Subsection (t)(1)(B), the possession of
87	87	a nonconforming recording intended for sale constitutes an actual
88	88	financial loss to an owner or lawful producer equal to the actual
89	89	value of the legitimate wholesale purchases displaced by the
90	90	nonconforming recordings.
91	91	SECTION 5. (a) Except as provided by Subsection (b) of this
92	92	section, the changes in law made by this Act apply only to an
93	93	offense committed on or after the effective date of this Act. An
94	94	offense committed before the effective date of this Act is governed
95	95	by the law in effect on the date the offense was committed, and the
96	96	former law is continued in effect for that purpose. For purposes of
97	97	this subsection, an offense was committed before the effective date
98	98	of this Act if any element of the offense occurred before that date.
99	99	(b) The change in law made by this Act to Section 503.001,
100	100	Business & Commerce Code, applies only to a violation that occurs on
101	101	or after the effective date of this Act. A violation that occurs
102	102	before the effective date of this Act is governed by the law in
103	103	effect on the date the violation occurred, and the former law is
104	104	continued in effect for that purpose.
105	105	SECTION 6. This Act takes effect September 1, 2017.