| 1 | 1 | | 88R2165 SHH-D |
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| 2 | 2 | | By: Toth H.B. No. 5268 |
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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 prosecution of the offense of breach of computer |
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| 8 | 8 | | security. |
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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. Sections 33.02(a) and (b-1), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A person commits an offense if, without the effective |
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| 13 | 13 | | consent of the owner, the person knowingly accesses a computer, |
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| 14 | 14 | | computer network, or computer system [without the effective consent |
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| 15 | 15 | | of the owner]. |
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| 16 | 16 | | (b-1) A person commits an offense if, with the intent to |
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| 17 | 17 | | defraud or harm another or alter, damage, or delete property, the |
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| 18 | 18 | | person knowingly accesses: |
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| 19 | 19 | | (1) a computer, computer network, or computer system, |
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| 20 | 20 | | without the effective consent of the owner; or |
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| 21 | 21 | | (2) a computer, computer network, or computer system: |
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| 22 | 22 | | (A) that is owned by: |
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| 23 | 23 | | (i) the government; or |
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| 24 | 24 | | (ii) a business or other commercial entity |
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| 25 | 25 | | engaged in a business activity; |
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| 26 | 26 | | (B) in violation of: |
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| 27 | 27 | | (i) a clear and conspicuous prohibition by |
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| 28 | 28 | | the owner of the computer, computer network, or computer system; or |
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| 29 | 29 | | (ii) a contractual agreement to which the |
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| 30 | 30 | | person has expressly agreed; and |
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| 31 | 31 | | (C) with the intent to obtain or use a file, data, |
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| 32 | 32 | | or proprietary information stored in the computer, network, or |
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| 33 | 33 | | system to defraud or harm another or alter, damage, or delete |
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| 34 | 34 | | property. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to an offense committed on or after the effective date of this Act. |
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| 37 | 37 | | An offense committed before the effective date of this Act is |
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| 38 | 38 | | governed by the law in effect on the date the offense was committed, |
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| 39 | 39 | | and the former law is continued in effect for that purpose. For |
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| 40 | 40 | | purposes of this section, an offense was committed before the |
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| 41 | 41 | | effective date of this Act if any element of the offense occurred |
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| 42 | 42 | | before that date. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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