Texas 2019 - 86th Regular

Texas House Bill HB101 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 101
	1	+	By: Canales, et al. (Senate Sponsor - Hughes) H.B. No. 101
	2	+	(In the Senate - Received from the House April 3, 2019;
	3	+	April 4, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 17, 2019, reported favorably by the
	5	+	following vote: Yeas 6, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the criminal offense of false caller
6	12		identification information display.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Chapter 33A, Penal Code, is amended by adding
9	15		Section 33A.051 to read as follows:
10	16		Sec. 33A.051. FALSE CALLER IDENTIFICATION INFORMATION
11	17		DISPLAY. (a) A person commits an offense if the person, with the
12	18		intent to defraud or cause harm, makes a call or engages in any
13	19		other conduct using any type of technology that results in the
14	20		display on another person's telecommunications device of data that
15	21		misrepresents the actor's identity or telephone number.
16	22		(b) An offense under this section is a Class A misdemeanor.
17	23		(c) Notwithstanding any other provision of this chapter, a
18	24		conviction for an offense under this section may not be used for
19	25		enhancement purposes under any other section of this chapter.
20	26		(d) It is a defense to prosecution that the actor:
21	27		(1) blocked caller identification information;
22	28		(2) was a peace officer or federal law enforcement
23	29		officer lawfully discharging an official duty;
24	30		(3) was an officer, agent, or employee of a federal
25	31		intelligence or security agency lawfully discharging an official
26	32		duty;
27	33		(4) was an officer, agent, or employee of a
28	34		telecommunications service provider who was:
29	35		(A) acting in the provider's capacity as an
30	36		intermediary for the transmission of telephone service, a Voice
31	37		over Internet Protocol transmission, or another type of
32	38		telecommunications transmission between the caller and the
33	39		recipient;
34	40		(B) providing or configuring a service or service
35	41		feature as requested by a customer;
36	42		(C) acting in a manner that is authorized or
37	43		required by other law; or
38	44		(D) engaging in other conduct that is a necessary
39	45		incident to the provision of service; or
40	46		(5) was a private investigator licensed under Chapter
41	47		1702, Occupations Code, lawfully conducting an investigation.
42	48		(e) For the purposes of this section, "telecommunications
43	49		service provider" means a:
44	50		(1) telecommunications provider, as defined by
45	51		Section 51.002, Utilities Code; or
46	52		(2) provider of telecommunications service, advanced
47	53		communications services, or information service, as those terms are
48	54		defined by 47 U.S.C. Section 153.
49	55		SECTION 2. This Act takes effect September 1, 2019.
50		-	______________________________ ______________________________
51		-	President of the Senate Speaker of the House
52		-	I certify that H.B. No. 101 was passed by the House on April
53		-	2, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
54		-	voting.
55		-	______________________________
56		-	Chief Clerk of the House
57		-	I certify that H.B. No. 101 was passed by the Senate on May
58		-	22, 2019, by the following vote: Yeas 31, Nays 0.
59		-	______________________________
60		-	Secretary of the Senate
61		-	APPROVED: _____________________
62		-	Date
63		-	_____________________
64		-	Governor
	56	+	* * * * *