88R2165 SHH-D
By: Toth H.B. No. 5268
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of breach of computer
security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 33.02(a) and (b-1), Penal Code, are
amended to read as follows:
(a) A person commits an offense if, without the effective
consent of the owner, the person knowingly accesses a computer,
computer network, or computer system [without the effective consent
of the owner].
(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.
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 on the date 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, 2023.