By Uher H.B. No. 1415
76R6324 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to theft of cable television services; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.12, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 31.12. THEFT OF MULTICHANNEL VIDEO OR INFORMATION
1-8 SERVICES [Unauthorized Use of Television Decoding and Interception
1-9 Device or Cable Descrambling, Decoding, or Interception]. (a) A
1-10 person commits an offense if without the consent of the
1-11 multichannel video or information services provider[, with the
1-12 intent to intercept or decode a transmission by a cable television
1-13 service without the authorization of the provider of the service,]
1-14 the person: [intentionally or knowingly attaches to, causes to be
1-15 attached to, or incorporates in a television set, video tape
1-16 recorder, or other equipment designed to receive a television
1-17 transmission a device that intercepts and decodes the
1-18 transmission.]
1-19 (1) Intentionally and knowingly makes or maintains an
1-20 unauthorized connection, whether physically, electrically,
1-21 electronically, or inductively, to any cable, wire, or other
1-22 component of a multichannel video or information services
1-23 provider's system or to a cable, wire or other media, or television
1-24 set, video tape recorder, or other receiver that is attached to a
2-1 multichannel video or information services provider's system.
2-2 (2) Intentionally and knowingly attaches, causes to be
2-3 attached, or maintains the attachment of any unauthorized device to
2-4 any cable, wire, or other component of a multichannel video or
2-5 information services provider's system or to a cable, wire or other
2-6 media, or television set, video tape recorder, or other receiver
2-7 that is attached to a multichannel video or information services
2-8 provider's system.
2-9 (3) Intentionally and knowingly tampers with, changes,
2-10 makes or maintains any modification or alteration to any device
2-11 installed by the multichannel video or information services
2-12 provider.
2-13 (4) Intentionally and knowingly tampers with, changes,
2-14 makes or maintains any modification or alterations to an access
2-15 device that authorizes services, or obtains any unauthorized access
2-16 device and uses the modified, altered, or unauthorized access
2-17 device to obtain services from a multichannel video or information
2-18 services provider.
2-19 (b) In this section:
2-20 (1) "Multichannel video or information service" means
2-21 a duly licensed cable television system, video dialtone system,
2-22 Multichannel Multipoint Distribution service system (MMDS), Direct
2-23 Broadcast Satellite system (DBS) or other system providing video or
2-24 information services that are distributed via cable, wire, radio
2-25 frequency, or other media; and
2-26 (2) "unauthorized connection," "unauthorized device"
2-27 and "unauthorized access device" means a connection, device and
3-1 access device not authorized by the multichannel video or
3-2 information services provider and designed in whole or in part to
3-3 decrypt, intercept, descramble, decode or otherwise make
3-4 intelligible any encrypted, encoded, scrambled, or other
3-5 nonstandard signal carried by a multichannel video or information
3-6 services provider.
3-7 (3) "Encrypted, encoded, scrambled, or other
3-8 nonstandard signal" means any type of signal or transmission that
3-9 is not intended to produce an intelligible program or service
3-10 without the use of a special device, signal, or information
3-11 provided by the multichannel video or information services provider
3-12 or its agents to authorized subscribers.
3-13 (c) For purposes of this section, each purchase, connection,
3-14 attachment, tamper, change, incorporation, or modification shall
3-15 constitute a separate violation of this section.
3-16 [(b) A person commits an offense if, with the intent to
3-17 intercept, descramble, or decode a cable television service and
3-18 without the authorization of the provider, the person intentionally
3-19 or knowingly:]
3-20 [(1) makes or maintains an unauthorized cable
3-21 connection or otherwise intercepts cable television service;]
3-22 [(2) purchases, possesses, attaches to, causes to be
3-23 attached to, maintains an attachment to, or incorporates in a
3-24 television set, videotape recorder, other equipment designed to
3-25 receive a television transmission, or equipment of a cable
3-26 television system a device that intercepts, descrambles, or
3-27 decodes; or]
4-1 [(3) tampers with, changes, or modifies the equipment
4-2 of a cable television system.]
4-3 [(e) In this section:]
4-4 [(1) "Cable television service" means a service
4-5 provided by or through a facility of a cable television system,
4-6 closed circuit coaxial cable communication system, or microwave or
4-7 similar transmission service used in connection with a cable
4-8 television system.]
4-9 [(2) "Device" means a device other than a nondecoding
4-10 or nondescrambling channel frequency converter or television
4-11 receiver type accepted by the Federal Communications Commission.]
4-12 [(d) If an unauthorized device capable of or designed to
4-13 intercept, descramble, or decode a cable television service is
4-14 present on the premises or property occupied and used by a person,
4-15 it is presumed that the person intentionally or knowingly used the
4-16 device to intercept, descramble, or decode a transmission or a
4-17 service. If an unauthorized cable television connection is present
4-18 on the premises or property occupied and used by a person, it is
4-19 presumed that the person intentionally or knowingly used the
4-20 connection to intercept cable television service. If equipment of
4-21 a cable television system that has been tampered with, changed, or
4-22 modified is present on the premises or property occupied and used
4-23 by a person, it is presumed that the person intentionally or
4-24 knowingly used the equipment to intercept, descramble, or decode a
4-25 cable television service.]
4-26 [(e) The presumption created by Subsection (d) do not apply
4-27 if the person accused shows by a preponderance of the evidence that
5-1 the presence of the unauthorized device or connection, or the
5-2 tampering, change, or modification of the equipment of the cable
5-3 television system, may be attributed to the conduct of another.]
5-4 [(f) The presumption created by Subsection (d) do not apply
5-5 to a telecommunications company that provides local or long
5-6 distance communications services and uses equipment described by
5-7 that subsection in the normal course of its business.]
5-8 (d) [(g)] This section does not prohibit the manufacture,
5-9 distribution, sale, or use of satellite receiving antennas that are
5-10 otherwise permitted by state or federal law.
5-11 (e) [(h)] An offense under this section is a Class C [B]
5-12 misdemeanor unless the actor committed the offense for
5-13 remuneration, in which event it is a Class A misdemeanor.
5-14 (f) A second offense under this section is a Class B
5-15 misdemeanor unless the actor committed the offense for
5-16 remuneration, in which event it is a Class A misdemeanor.
5-17 (g) A third and any subsequent offense under this section is
5-18 a Class A misdemeanor unless the actor committed the offense for
5-19 remuneration, in which event it is a state jail felony.
5-20 SECTION 2. Sec. 31.13, Penal Code, is amended to read as
5-21 follows:
5-22 Sec. 31.13. MANUFACTURE, SALE, OR DISTRIBUTION of Unlawful
5-23 Multichannel Video or Information Services [Television Decoding and
5-24 Interception Device or Cable Descrambling, Decoding, or
5-25 Interception] Device (a) A person commits an offense if the person
5-26 for remuneration intentionally or knowingly manufactures,
5-27 assembles, modifies, imports into the state, exports out of the
6-1 state, distributes, advertises, leases, lends, offers or sells[,
6-2 with an intent to aid an offense under Section 31.12,] a device,
6-3 kit for a device, or a plan for a system of components, designed,
6-4 in whole or in part, to decrypt, [that] intercept [intercepts],
6-5 descramble [descrambles], or decode [decodes], or otherwise make
6-6 intelligible any encrypted, encoded, scrambled, or other
6-7 nonstandard signal caused by a multichannel video or information
6-8 services provider, unless the device has been authorized by the
6-9 multichannel video or information services provider.
6-10 (b) A person commits an offense if the person for
6-11 remuneration intentionally and knowingly leases or sells a device,
6-12 kit for a device, or a plan for a system of components, designed,
6-13 in whole or in part to decrypt, [that] intercept [intercepts],
6-14 descramble [descrambles], or decode [decodes], or otherwise make
6-15 intelligible any encrypted, encoded, scrambled, or other
6-16 nonstandard signal caused by a multichannel video or information
6-17 services provider, unless the device has been authorized by the
6-18 multichannel video or information services provider, [cable
6-19 television] and fails to forward by certified mail return receipt
6-20 requested within ten days of shipping the device or kit for a
6-21 device to the buyer the name and address of the buyer to the Texas
6-22 Cable and Telecommunications Association at 506 West 16th Street,
6-23 Austin, Texas 78701.
6-24 (c) [(b)] In this section, "multichannel video or
6-25 information service"; ["cable television service" and]
6-26 "unauthorized connection", "unauthorized device" and "unauthorized
6-27 access device"; ["device"] and "encrypted, encoded, scrambled, or
7-1 other nonstandard signal" have the meanings assigned by Section
7-2 31.12.
7-3 (d) [(c)] This section does not prohibit the manufacture,
7-4 distribution, sale, or use of satellite receiving antennas that are
7-5 otherwise permitted by state or federal law.
7-6 (e) [(d)] A first and second [An] offense under this section
7-7 shall be [is] a Class A misdemeanor.
7-8 (f) A third and any subsequent offense under this section
7-9 shall be a state jail felony.
7-10 SECTION 3. Chapter 134.002, Civil Practice and Remedies
7-11 Code, is amended to read as follows:
7-12 Sec. 134.002 DEFINITIONS. In this chapter:
7-13 (1) "Person" means an individual, partnership,
7-14 corporation, association, or other group, however organized.
7-15 (2) "Theft" means unlawfully appropriating property or
7-16 unlawfully obtaining services as described by section 31.03, 31.04,
7-17 31.05, 31.06, 31.07, [or] 31.11, 31.12, or 31.13, Penal Code.
7-18 SECTION 4. Chapter 134.005, Civil Practice and Remedies
7-19 Code, is amended to read as follows:
7-20 Sec. 134.005. RECOVERY. (a) In a suit under this chapter,
7-21 a person who has sustained damages resulting from theft may
7-22 recover:
7-23 (1) under Section 134.003(a), from a person who
7-24 commits theft, the amount of actual damages found by the trier of
7-25 fact and, in addition to actual damages, damages awarded by the
7-26 trier of fact in a sum not to exceed $1,000; or
7-27 (2) from a parent or other person who has the duty of
8-1 control and reasonable discipline of a child, for an action brought
8-2 under Section 134.003(b), the amount of actual damages found by the
8-3 trier of fact, not to exceed $5,000.
8-4 (b) Each person who prevails in a suit under this chapter
8-5 shall be awarded court costs and reasonable and necessary
8-6 attorney's fees in addition to any damages awarded under (a)(1) or
8-7 (a)(2) above.
8-8 SECTION 5. This Act takes effect September 1, 1999.
8-9 SECTION 6. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.