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.