By Armbrister                                    S.B. No. 683

      75R3445 PEP-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to computer and telecommunications offenses; providing

 1-3     penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 33, Penal Code, is amended to read as

 1-6     follows:

 1-7                        CHAPTER 33.  COMPUTER CRIMES

 1-8           Sec. 33.01.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Access" means to [approach,] instruct,

1-10     communicate with, store data in, retrieve or intercept data from,

1-11     [alter data or computer software in,] or otherwise [make] use [of]

1-12     any resource of a computer, [computer system, or] computer network,

1-13     computer program, or computer system.

1-14                 (2)  "Aggregate amount" means the amount of:

1-15                       (A)  any direct or indirect loss incurred by a

1-16     victim, including the value of money, property, or service stolen

1-17     or rendered unrecoverable by the offense; or

1-18                       (B)  any expenditure required by the victim to

1-19     verify that a computer, computer network, computer program, or

1-20     computer system was not altered, acquired, damaged, deleted, or

1-21     disrupted by the offense.  ["Communications common carrier" means a

1-22     person who owns or operates a telephone system in this state that

1-23     includes equipment or facilities for the conveyance, transmission,

1-24     or reception of communications and who receives compensation from

 2-1     persons who use that system.]

 2-2                 (3)  "Computer" means a connected, directly

 2-3     interoperable or interactive device, piece of equipment, or

 2-4     facility that:

 2-5                       (A)  uses a computer program or other

 2-6     instructions to perform specific operations, including a [an

 2-7     electronic, magnetic, optical, electrochemical, or other high-speed

 2-8     data processing device that performs] logical, arithmetic, or

 2-9     memory function, with or on computer data or a computer program;

2-10     and

2-11                       (B)  is able to store, retrieve, alter, or

2-12     communicate the result of the operations to a person, computer,

2-13     computer network, computer program, or computer system [functions

2-14     by the manipulations of electronic or magnetic impulses and

2-15     includes all input, output, processing, storage, or communication

2-16     facilities that are connected or related to the device].

2-17                 (4)  "Computer network" means the interconnection of

2-18     communication lines with a computer through remote terminals or a

2-19     complex consisting of two or more interconnected computers [or

2-20     computer systems by satellite, microwave, line, or other

2-21     communication medium with the capability to transmit information

2-22     among the computers].

2-23                 (5)  "Computer program" means a series of internal or

2-24     external [an ordered set of data representing coded] instructions

2-25     communicated in a form acceptable to a computer that directs the

2-26     functioning of a computer, computer network, or computer system in

2-27     a manner designed to provide products or results from the computer,

 3-1     computer network, or computer system [or statements that when

 3-2     executed by a computer cause the computer to process data or

 3-3     perform specific functions].

 3-4                 (6)  ["Computer security system" means the design,

 3-5     procedures, or other measures that the person responsible for the

 3-6     operation and use of a computer employs to restrict the use of the

 3-7     computer to particular persons or uses or that the owner or

 3-8     licensee of data stored or maintained by a computer in which the

 3-9     owner or licensee is entitled to store or maintain the data employs

3-10     to restrict access to the data.]

3-11                 [(7)  "Computer services" means the product of the use

3-12     of a computer, the information stored in the computer, or the

3-13     personnel supporting the computer, including computer time, data

3-14     processing, and storage functions.]

3-15                 [(8)]  "Computer system" means a connected or

3-16     unconnected set of related computer equipment, devices, software,

3-17     or hardware [any combination of a computer or computer network with

3-18     the documentation, computer software, or physical facilities

3-19     supporting the computer or computer network].

3-20                 (7)  "Device" includes an electronic, magnetic,

3-21     electrochemical, biochemical, hydraulic, optical, or organic object

3-22     that performs  input, output, or storage functions by the

3-23     manipulation of an electronic, magnetic, or other impulse.

3-24                 [(9)  "Computer software" means a set of computer

3-25     programs, procedures, and associated documentation related to the

3-26     operation of a computer, computer system, or computer network.]

3-27                 [(10)  "Computer virus" means an unwanted computer

 4-1     program or other set of instructions inserted into a computer's

 4-2     memory, operating system, or program that is specifically

 4-3     constructed with the ability to replicate itself or to affect the

 4-4     other programs or files in the computer by attaching a copy of the

 4-5     unwanted program or other set of instructions to one or more

 4-6     computer programs or files.]

 4-7                 [(11)  "Data" means a representation of information,

 4-8     knowledge, facts, concepts, or instructions that is being prepared

 4-9     or has been prepared in a formalized manner and is intended to be

4-10     stored or processed, is being stored or processed, or has been

4-11     stored or processed in a computer.  Data may be embodied in any

4-12     form, including but not limited to computer printouts, magnetic

4-13     storage media, laser storage media, and punchcards, or may be

4-14     stored internally in the memory of the computer.]

4-15                 [(12)  "Effective consent" includes consent by a person

4-16     legally authorized to act for the owner.  Consent is not effective

4-17     if:]

4-18                       [(A)  induced by deception, as defined by Section

4-19     31.01, or induced by coercion;]

4-20                       [(B)  given by a person the actor knows is not

4-21     legally authorized to act for the owner;]

4-22                       [(C)  given by a person who by reason of youth,

4-23     mental disease or defect, or intoxication is known by the actor to

4-24     be unable to make reasonable property dispositions;]

4-25                       [(D)  given solely to detect the commission of an

4-26     offense; or]

4-27                       [(E)  used for a purpose other than that for

 5-1     which the consent was given.]

 5-2                 [(13)  "Electric utility" has the meaning assigned by

 5-3     Subsection (c), Section 3, Public Utility Regulatory Act (Article

 5-4     1446c, Vernon's Texas Civil Statutes).]

 5-5                 [(14)  "Harm" includes partial or total alteration,

 5-6     damage, or erasure of stored data, interruption of computer

 5-7     services, introduction of a computer virus, or any other loss,

 5-8     disadvantage, or injury that might reasonably be suffered as a

 5-9     result of the actor's conduct.]

5-10                 [(15)  "Owner" means a person who:]

5-11                       [(A)  has title to the property, possession of

5-12     the property, whether lawful or not, or a greater right to

5-13     possession of the property than the actor;]

5-14                       [(B)  has the right to restrict access to the

5-15     property; or]

5-16                       [(C)  is the licensee of data or computer

5-17     software.]

5-18                 (8) [(16)]  "Property" means any[:]

5-19                       [(A)]  tangible or intangible item of value,

5-20     [personal property] including:

5-21                       (A)  intellectual property;

5-22                       (B)  computer data, instructions, or programs in

5-23     a form that can be read by a machine or by a person;

5-24                       (C)  financial instruments or information;

5-25                       (D)  medical information; and

5-26                       (E)  restricted personal information [a computer,

5-27     computer system, computer network, computer software, or data; or]

 6-1                       [(B)  the use of a computer, computer system,

 6-2     computer network, computer software, or data].

 6-3                 (9)  "Service" includes computer time, data processing,

 6-4     storage function, computer memory, and the use of:

 6-5                       (A)  a computer, computer network, computer

 6-6     program, or computer system; or

 6-7                       (B)  a communication facility connected or

 6-8     related to a computer, computer network, or computer system.

 6-9           Sec. 33.02.  ACCESS TO DEFRAUD.  (a)  A person commits an

6-10     offense if the person intentionally accesses  a computer, computer

6-11     network,  computer program, or computer system to obtain money,

6-12     property, or a service by deception.

6-13           (b)  In this section, "deception" has the meaning assigned by

6-14     Section 31.01.

6-15           Sec. 33.03.  UNAUTHORIZED ACCESS.  (a)  A person commits an

6-16     offense if the person intentionally and without authorization or by

6-17     exceeding authorization accesses a computer, computer network, or

6-18     computer system to:

6-19                 (1)  alter, damage, or delete property; or

6-20                 (2)  use the service of a computer, computer network,

6-21     computer program, or computer system.

6-22           (b)  It is presumed that the actor did not have authorization

6-23     or exceeded authorization unless at the time of access:

6-24                 (1)  the owner, system operator, or other person having

6-25     authority from the owner or system operator granted written or oral

6-26     permission to the actor;

6-27                 (2)  the accessed computer, computer network, or

 7-1     computer system had a preprogrammed access procedure that would

 7-2     display a bulletin, command, or other message before access was

 7-3     achieved that a reasonable person would believe identified the

 7-4     computer, computer network, or computer system as within the public

 7-5     domain; or

 7-6                 (3)  the actor achieved access without the use of a set

 7-7     of instructions, a code, or a computer program that bypassed,

 7-8     defrauded, or otherwise circumvented the preprogrammed access

 7-9     procedure for the computer, computer network, or computer system.

7-10           Sec. 33.04.  UNAUTHORIZED INSERTION OR ATTACHMENT.  A person

7-11     commits an offense if the person intentionally and without

7-12     authorization or by exceeding authorization inserts or attaches or

7-13     knowingly creates the opportunity for an unknowing and unwanted

7-14     insertion or attachment of a set of instructions into a computer,

7-15     computer network, or computer system to:

7-16                 (1)  alter, damage, delete, or disrupt property; or

7-17                 (2)  use the service of a computer, computer network,

7-18     or computer system.

7-19           Sec. 33.05.  USE OF COMPUTER TO COMMIT OFFENSE.  A person

7-20     commits an offense if the person uses a computer, computer network,

7-21     computer program, or computer system to commit a criminal offense.

7-22           Sec. 33.06.  PENALTY.  (a)  Except as provided by Subsection

7-23     (b), an offense under this chapter is punishable according to the

7-24     loss incurred by or expenditure required of the victim of the

7-25     offense as a result of the commission of the offense and is:

7-26                 (1)  a Class B misdemeanor if the aggregate amount

7-27     involved is less than $500;

 8-1                 (2)  a Class A misdemeanor if:

 8-2                       (A)  the aggregate amount involved is $500 or

 8-3     more but less than $1,500; or

 8-4                       (B)  the aggregate amount involved is less than

 8-5     $500 and the defendant has been previously convicted of an offense

 8-6     under this chapter;

 8-7                 (3)  a state jail felony if:

 8-8                       (A)  the aggregate amount involved is $1,500 or

 8-9     more but less than $20,000; or

8-10                       (B)  the aggregate amount involved is less than

8-11     $1,500 and the defendant has been previously convicted two or more

8-12     times of an offense under this chapter;

8-13                 (4)  a felony of the third degree if the aggregate

8-14     amount involved is $20,000 or more but less than $100,000;

8-15                 (5)  a felony of the second degree if the aggregate

8-16     amount involved is $100,000 or more but less than $200,000; or

8-17                 (6)  a felony of the first degree if the value of the

8-18     aggregate amount involved is $200,000 or more.

8-19           (b)  An offense under Section 33.05 is a Class B misdemeanor.

8-20     [BREACH OF COMPUTER SECURITY.  (a)  A person commits an offense if

8-21     the person knowingly accesses a computer, computer network, or

8-22     computer system without the effective consent of the owner.]

8-23           [(b)  A person commits an offense if the person intentionally

8-24     or knowingly gives a password, identifying code, personal

8-25     identification number, debit card number, bank account number, or

8-26     other confidential information about a computer security system to

8-27     another person without the effective consent of the person

 9-1     employing the computer security system to restrict access to a

 9-2     computer, computer network, computer system, or data.]

 9-3           [(c)  An offense under this section is a Class A misdemeanor

 9-4     unless the actor's intent is to obtain a benefit or defraud or harm

 9-5     another, in which event the offense is:]

 9-6                 [(1)  a state jail felony if the value of the benefit

 9-7     or the amount of the loss or harm is less than $20,000; or]

 9-8                 [(2)  a felony of the third degree if the value of the

 9-9     benefit or the amount of the loss or harm is $20,000 or more.]

9-10           [(d)  A person who is subject to prosecution under this

9-11     section and any other section of this code may be prosecuted under

9-12     either or both sections.]

9-13           [Sec. 33.03.  DEFENSES.  It is an affirmative defense to

9-14     prosecution under Section 33.02 that the actor was an officer,

9-15     employee, or agent of a communications common carrier or electric

9-16     utility and committed the proscribed act or acts in the course of

9-17     employment while engaged in an activity that is a necessary

9-18     incident to the rendition of service or to the protection of the

9-19     rights or property of the communications common carrier or electric

9-20     utility.]

9-21           [Sec. 33.04.  ASSISTANCE BY ATTORNEY GENERAL.  The attorney

9-22     general, if requested to do so by a prosecuting attorney, may

9-23     assist the prosecuting attorney in the investigation or prosecution

9-24     of an offense under this chapter or of any other offense involving

9-25     the use of a computer.]

9-26           SECTION 2.  Title 7, Penal Code, is amended by adding Chapter

9-27     33A to read as follows:

 10-1                  CHAPTER 33A.  TELECOMMUNICATIONS CRIMES

 10-2          Sec. 33A.01.  DEFINITIONS.  In this chapter:

 10-3                (1)  "Counterfeit telecommunications access device"

 10-4    means a telecommunications access device that is false, fraudulent,

 10-5    not issued to a legitimate telecommunications access device

 10-6    subscriber account, or otherwise unlawful or invalid.

 10-7                (2)  "Counterfeit telecommunications device" means a

 10-8    telecommunications device that has been altered or programmed alone

 10-9    or with another telecommunications device to acquire, intercept,

10-10    receive, or otherwise facilitate the use of a telecommunications

10-11    service without the authority or consent of the telecommunications

10-12    service provider and includes a clone telephone, clone microchip,

10-13    tumbler telephone, tumbler microchip, or wireless scanning device

10-14    capable of acquiring, intercepting, receiving, or otherwise

10-15    facilitating the use of a telecommunications service without

10-16    immediate detection.

10-17                (3)  "Deliver" means to actually or constructively

10-18    sell, give, loan, or otherwise transfer a telecommunications

10-19    device, or a counterfeit telecommunications device or any

10-20    telecommunications plans, instructions, or materials, to another

10-21    person.

10-22                (4)  "Publish" means to communicate information or make

10-23    information available to another person orally, in writing, or by

10-24    means of telecommunications and includes communicating information

10-25    on a computer bulletin board or similar system.

10-26                (5)  "Telecommunications" means the origination,

10-27    emission, transmission, or reception of data, images, signals,

 11-1    sounds, or other intelligence or equivalence of intelligence over a

 11-2    communications system by any method, including an electronic,

 11-3    magnetic, optical, digital, or analog method.

 11-4                (6)  "Telecommunications access device" means an

 11-5    instrument, device, card, plate, code, account number, personal

 11-6    identification number, electronic serial number, mobile

 11-7    identification number, counterfeit number, or financial transaction

 11-8    device that alone or with another telecommunications access device

 11-9    can acquire, intercept, provide, receive, use, or otherwise

11-10    facilitate the use of a telecommunications device, counterfeit

11-11    telecommunications device, or telecommunications service.

11-12                (7)  "Telecommunications device" means any instrument,

11-13    equipment, machine, or device that facilitates telecommunications

11-14    and includes a computer, computer chip or circuit, telephone,

11-15    pager, personal communications device, transponder, receiver,

11-16    radio, modem, or device that enables use of a modem.

11-17                (8)  "Telecommunications service" means the provision,

11-18    facilitation, or generation of telecommunications through the use

11-19    of a telecommunications device or telecommunications access device

11-20    over a telecommunications system.

11-21                (9)  "Value of the telecommunications service obtained

11-22    or attempted to be obtained" includes the value of:

11-23                      (A)  a lawful charge for telecommunications

11-24    service avoided or attempted to be avoided;

11-25                      (B)  money, property, or telecommunications

11-26    service lost, stolen, or rendered unrecoverable by an offense; and

11-27                      (C)  an expenditure incurred by a victim to

 12-1    verify that a telecommunications device or telecommunications

 12-2    access device or telecommunications service was not altered,

 12-3    acquired, damaged, or disrupted as a result of an offense.

 12-4          Sec. 33A.02.  UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE.

 12-5    (a)  A person commits an offense if the person is an officer,

 12-6    shareholder, partner, employee, agent, or independent contractor of

 12-7    a telecommunications service provider and the person knowingly and

 12-8    without authority uses or diverts telecommunications service for

 12-9    the person's own benefit or to the benefit of another.

12-10          (b)  An offense under this section is:

12-11                (1)  a Class B misdemeanor if the value of the

12-12    telecommunications service used or diverted is less than $500;

12-13                (2)  a Class A misdemeanor if:

12-14                      (A)  the value of the telecommunications service

12-15    used or diverted is $500 or more but less than $1,500; or

12-16                      (B)  the value of the telecommunications service

12-17    used or diverted is less than $500 and the defendant has been

12-18    previously convicted of an offense under this chapter;

12-19                (3)  a state jail felony if:

12-20                      (A)  the value of the telecommunications service

12-21    used or diverted is $1,500 or more but less than $20,000; or

12-22                      (B)  the value of the telecommunications service

12-23    used or diverted is less than $1,500 and the defendant has been

12-24    previously convicted two or more times of an offense under this

12-25    chapter;

12-26                (4)  a felony of the third degree if the value of the

12-27    telecommunications service used or diverted is $20,000 or more but

 13-1    less than $100,000;

 13-2                (5)  a felony of the second degree if the value of the

 13-3    telecommunications service used or diverted is $100,000 or more but

 13-4    less than $200,000; or

 13-5                (6)  a felony of the first degree if the value of the

 13-6    telecommunications service used or diverted is $200,000 or more.

 13-7          (c)  When telecommunications service is used or diverted in

 13-8    violation of this section pursuant to one scheme or continuing

 13-9    course of conduct, whether or not in a single incident, the conduct

13-10    may be considered as one offense and the values of the service used

13-11    or diverted may be aggregated in determining the grade of the

13-12    offense.

13-13          Sec. 33A.03.  MANUFACTURE, POSSESSION, OR DELIVERY OF

13-14    UNLAWFUL TELECOMMUNICATIONS DEVICE.  (a)  A person commits an

13-15    offense if the person manufactures, possesses, delivers, offers to

13-16    deliver, or advertises:

13-17                (1)  a counterfeit telecommunications device; or

13-18                (2)  a telecommunications device that is intended to be

13-19    used to:

13-20                      (A)  commit an offense under Section 33A.04; or

13-21                      (B)  conceal the existence or place of origin or

13-22    destination of a telecommunications service.

13-23          (b)  A person commits an offense if the person delivers,

13-24    offers to deliver, or advertises plans, instructions, or materials

13-25    for manufacture of:

13-26                (1)  a counterfeit telecommunications device; or

13-27                (2)  a telecommunications device that is intended to be

 14-1    used to commit an offense under Subsection (a).

 14-2          (c)  An offense under this section is a felony of the third

 14-3    degree.

 14-4          Sec. 33A.04.  THEFT OF TELECOMMUNICATIONS SERVICE.  (a)  A

 14-5    person commits an offense if the person knowingly obtains or

 14-6    attempts to obtain telecommunications service to avoid or cause

 14-7    another person to avoid a lawful charge for that service by using:

 14-8                (1)  a telecommunications access device without the

 14-9    authority or consent of the subscriber or lawful holder of the

14-10    device or pursuant to an agreement for an exchange of value with

14-11    the subscriber or lawful holder of the device to allow another

14-12    person to use the device;

14-13                (2)  a counterfeit telecommunications access device;

14-14                (3)  a telecommunications device or counterfeit

14-15    telecommunications device; or

14-16                (4)  a fraudulent or deceptive scheme, pretense,

14-17    method, or conspiracy, or other device or means, including a false,

14-18    altered, or stolen identification.

14-19          (b)  An offense under this section is:

14-20                (1)  a Class B misdemeanor if the value of the

14-21    telecommunications service obtained or attempted to be obtained is

14-22    less than $500;

14-23                (2)  a Class A misdemeanor if:

14-24                      (A)  the value of the telecommunications service

14-25    obtained or attempted to be obtained is $500 or more but less than

14-26    $1,500; or

14-27                      (B)  the value of the telecommunications service

 15-1    obtained or attempted to be obtained is less than $500 and the

 15-2    defendant has been previously convicted of an offense under this

 15-3    chapter;

 15-4                (3)  a state jail felony if:

 15-5                      (A)  the value of the telecommunications service

 15-6    obtained or attempted to be obtained is $1,500 or more but less

 15-7    than $20,000; or

 15-8                      (B)  the value of the telecommunications service

 15-9    obtained or attempted to be obtained is less than $1,500 and the

15-10    defendant has been previously convicted two or more times of an

15-11    offense under this chapter;

15-12                (4)  a felony of the third degree if the value of the

15-13    telecommunications service obtained or attempted to be obtained is

15-14    $20,000 or more but less than $100,000;

15-15                (5)  a felony of the second degree if the value of the

15-16    telecommunications service obtained or attempted to be obtained is

15-17    $100,000 or more but less than $200,000; or

15-18                (6)  a felony of the first degree if the value of the

15-19    telecommunications service obtained or attempted to be obtained is

15-20    $200,000 or more.

15-21          (c)  When telecommunications service is obtained or attempted

15-22    to be obtained in violation of this section pursuant to one scheme

15-23    or continuing course of conduct, whether or not in a single

15-24    incident, the conduct may be considered as one offense and the

15-25    values of the service obtained or attempted to be obtained may be

15-26    aggregated in determining the grade of the offense.

15-27          Sec. 33A.05.  PUBLICATION OF TELECOMMUNICATIONS ACCESS

 16-1    DEVICE.  (a)  A person commits an offense if the person with

 16-2    criminal negligence publishes a telecommunications access device or

 16-3    counterfeit telecommunications access device that is designed to be

 16-4    used to commit an offense under Section 33A.04.

 16-5          (b)  Except as otherwise provided by this subsection, an

 16-6    offense under this section is a Class A misdemeanor.  An offense

 16-7    under this section is a felony of the third degree if the person

 16-8    has been previously convicted of an offense under this chapter.

 16-9          SECTION 3.  Article 13.25, Code of Criminal Procedure, is

16-10    amended to read as follows:

16-11          Art. 13.25.  COMPUTER CRIMES.  (a)  In this section "access,"

16-12    "computer," "computer network," "computer program," and "computer

16-13    system[,]" [and "owner"] have the meanings assigned to those terms

16-14    by [in] Section 33.01, Penal Code.

16-15          (b)  An offense under Chapter 33, Penal Code, may be

16-16    prosecuted in:

16-17                (1)  the county of the principal place of business of

16-18    the owner or lessee of a computer, computer network, or computer

16-19    system[, or computer network] involved in the offense [violation];

16-20                (2)  any county in which a defendant had control or

16-21    possession of:

16-22                      (A)  any proceeds of [from] the offense;

16-23    [violation] or

16-24                      (B)  any books, records, documents, property,

16-25    negotiable instruments, computer programs, or other material [that

16-26    were] used in furtherance of the offense [violation]; or

16-27                (3)  any county from which, to which, or through which

 17-1    [any] access to a computer, [or] computer network, computer

 17-2    program, or computer system was made in violation of Chapter 33,

 17-3    whether by wires, electromagnetic waves, microwaves, or any other

 17-4    means of communication.

 17-5          SECTION 4.  Chapter 13, Code of Criminal Procedure, is

 17-6    amended by adding Article 13.26 to read as follows:

 17-7          Art. 13.26.  TELECOMMUNICATIONS CRIMES.  An offense under

 17-8    Chapter 33A, Penal Code, may be prosecuted in the county in which

 17-9    the telecommunications service originated or terminated or in the

17-10    county to which the bill for the telecommunications service was or

17-11    would have been delivered.

17-12          SECTION 5.  Article 59.01(2), Code of Criminal Procedure, is

17-13    amended to read as follows:

17-14                (2)  "Contraband" means property of any nature,

17-15    including real, personal, tangible, or intangible, that is:

17-16                      (A)  used in the commission of:

17-17                            (i)  any first or second degree felony

17-18    under the Penal Code;

17-19                            (ii)  any felony under Section 38.04 or

17-20    Chapters 29, 30, 31, 32, 33, 33A, or 35, Penal Code; or

17-21                            (iii)  any felony under The Securities Act

17-22    (Article 581-1 et seq., Vernon's Texas Civil Statutes);

17-23                      (B)  used or intended to be used in the

17-24    commission of:

17-25                            (i)  any felony under Chapter 481, Health

17-26    and Safety Code (Texas Controlled Substances Act);

17-27                            (ii)  any felony under Chapter 483, Health

 18-1    and Safety Code;

 18-2                            (iii)  a felony under Article 350, Revised

 18-3    Statutes;

 18-4                            (iv)  any felony under Chapter 34, Penal

 18-5    Code;

 18-6                            (v)  a Class A misdemeanor under Subchapter

 18-7    B, Chapter 365, Health and Safety Code, if the defendant has been

 18-8    previously convicted twice of an offense under that subchapter; or

 18-9                            (vi)  any felony under The Sale of Checks

18-10    Act (Article 489d, Vernon's Texas Civil Statutes);

18-11                      (C)  the proceeds gained from the commission of a

18-12    felony listed in Paragraph (A) or (B) of this subdivision or a

18-13    crime of violence; or

18-14                      (D)  acquired with proceeds gained from the

18-15    commission of a felony listed in Paragraph (A) or (B) of this

18-16    subdivision or a crime of violence.

18-17          SECTION 6.  This Act takes effect September 1, 1997.  The

18-18    changes in law made by this Act apply only to an offense committed

18-19    on or after the effective date of this Act.  An offense committed

18-20    before September 1, 1997, is covered by the law in effect when the

18-21    offense was committed, and the former law is continued in effect

18-22    for that purpose.  For purposes of this section, an offense was

18-23    committed before the effective date of this Act if any element of

18-24    the offense occurred before that date.

18-25          SECTION 7.  The importance of this legislation and the

18-26    crowded condition of the calendars in both houses create an

18-27    emergency and an imperative public necessity that the

 19-1    constitutional rule requiring bills to be read on three several

 19-2    days in each house be suspended, and this rule is hereby suspended.