By Hinojosa, et al. H.B. No. 1876
76R3861 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to theft of or tampering with multichannel video or
1-3 information services; providing 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 OR TAMPERING WITH MULTICHANNEL VIDEO OR
1-8 INFORMATION SERVICES [UNAUTHORIZED USE OF TELEVISION DECODING AND
1-9 INTERCEPTION DEVICE OR CABLE DESCRAMBLING, DECODING, OR
1-10 INTERCEPTION DEVICE]. (a) A person commits an offense if, [with
1-11 the intent to intercept or decode a transmission by a cable
1-12 television service] without the authorization of the multichannel
1-13 video or information services provider [of the service], the
1-14 person intentionally or knowingly:
1-15 (1) makes or maintains a connection, whether
1-16 physically, electrically, electronically, or inductively, to:
1-17 (A) a cable, wire, or other component of or
1-18 media attached to a multichannel video or information services
1-19 system; or
1-20 (B) a television set, videotape recorder, or
1-21 other receiver attached to a multichannel video or information
1-22 system;
1-23 (2) attaches, causes to be attached, or maintains the
1-24 attachment of a device to:
2-1 (A) a cable, wire, or other component of or
2-2 media attached to a multichannel video or information services
2-3 system; or
2-4 (B) a television set, videotape recorder, or
2-5 other receiver attached to a multichannel video or information
2-6 services system;
2-7 (3) tampers with, modifies, or maintains a
2-8 modification to a device installed by a multichannel video or
2-9 information services provider; or
2-10 (4) tampers with, modifies, or maintains a
2-11 modification to an access device or uses that access device or any
2-12 unauthorized access device to obtain services from a multichannel
2-13 video or information services provider [attaches to, causes to be
2-14 attached to, or incorporates in a television set, videotape
2-15 recorder, or other equipment designed to receive a television
2-16 transmission a device that intercepts and decodes the
2-17 transmission].
2-18 (b) [A person commits an offense if, with the intent to
2-19 intercept, descramble, or decode a cable television service and
2-20 without the authorization of the provider of the service, the
2-21 person intentionally or knowingly:]
2-22 [(1) makes or maintains an unauthorized cable
2-23 connection or otherwise intercepts cable television service];
2-24 [(2) purchases, possesses, attaches to, causes to be
2-25 attached to, maintains an attachment to, or incorporates in a
2-26 television set, videotape recorder, other equipment designed to
2-27 receive a television transmission, or equipment of a cable
3-1 television system a device that intercepts, descrambles, or decodes
3-2 the service; or]
3-3 [(3) tampers with, changes, or modifies the equipment
3-4 of a cable television system.]
3-5 [(c)] In this section:
3-6 (1) "Access device," "connection," and "device" mean
3-7 an access device, connection, or ["Cable television service" means
3-8 a service provided by or through a facility of a cable television
3-9 system, closed circuit coaxial cable communication system, or
3-10 microwave or similar transmission service used in connection with a
3-11 cable television system.]
3-12 [(2) "Device" means a] device wholly or partly
3-13 designed to make intelligible an encrypted, encoded, scrambled, or
3-14 other nonstandard signal carried by a multichannel video or
3-15 information services provider [other than a nondecoding or
3-16 nondescrambling channel frequency converter or television receiver
3-17 type-accepted by the Federal Communications Commission].
3-18 (2) "Encrypted, encoded, scrambled, or other
3-19 nonstandard signal" means any type of signal or transmission not
3-20 intended to produce an intelligible program or service without the
3-21 use of a device, signal, or information provided by a multichannel
3-22 video or information services provider.
3-23 (3) "Multichannel video or information services
3-24 provider" means a licensed cable television system, video dialtone
3-25 system, multichannel multipoint distribution services system,
3-26 direct broadcast satellite system, or other system providing video
3-27 or information services that are distributed by cable, wire, radio
4-1 frequency, or other media.
4-2 (c) [(d) If an unauthorized device capable of or designed to
4-3 intercept, descramble, or decode a cable television service is
4-4 present on the premises or property occupied and used by a person,
4-5 it is presumed that the person intentionally or knowingly used the
4-6 device to intercept, descramble, or decode a transmission or a
4-7 service. If an unauthorized cable television connection is present
4-8 on the premises or property occupied and used by a person, it is
4-9 presumed that the person intentionally or knowingly used the
4-10 connection to intercept cable television service. If equipment of
4-11 a cable television system that has been tampered with, changed, or
4-12 modified is present on the premises or property occupied and used
4-13 by a person, it is presumed that the person intentionally or
4-14 knowingly used the equipment to intercept, descramble, or decode a
4-15 cable television service.]
4-16 [(e) The presumptions created by Subsection (d) do not apply
4-17 if the person accused shows by a preponderance of the evidence that
4-18 the presence of the unauthorized device or connection, or the
4-19 tampering, change, or modification of the equipment of the cable
4-20 television system, may be attributed to the conduct of another.]
4-21 [(f) The presumptions created by Subsection (d) do not apply
4-22 to a telecommunications company that provides local or long
4-23 distance communications services and uses equipment described by
4-24 that subsection in the normal course of its business.]
4-25 [(g)] This section does not prohibit the manufacture,
4-26 distribution, sale, or use of satellite receiving antennas that are
4-27 otherwise permitted by state or federal law.
5-1 (d) [(h)] An offense under this section is a Class C [B]
5-2 misdemeanor unless it is shown on the trial of the offense that the
5-3 actor:
5-4 (1) has been previously convicted one time of an
5-5 offense under this section, in which event the offense is a Class B
5-6 misdemeanor, or convicted two or more times of an offense under
5-7 this section, in which event the offense is a Class A misdemeanor;
5-8 or
5-9 (2) committed the offense for remuneration, in which
5-10 event the offense [it] is a Class A misdemeanor, unless it is also
5-11 shown on the trial of the offense that the actor has been
5-12 previously convicted two or more times of an offense under this
5-13 section, in which event the offense is a Class A misdemeanor with a
5-14 minimum fine of $2,000 and a minimum term of confinement of 180
5-15 days.
5-16 (e) For the purposes of this section, each connection,
5-17 attachment, modification, or act of tampering is a separate
5-18 offense.
5-19 SECTION 2. Section 31.13, Penal Code, is amended to read as
5-20 follows:
5-21 Sec. 31.13. MANUFACTURE, [SALE, OR] DISTRIBUTION, OR
5-22 ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES
5-23 [TELEVISION DECODING AND INTERCEPTION DEVICE OR CABLE DESCRAMBLING,
5-24 DECODING, OR INTERCEPTION] DEVICE. (a) A person commits an
5-25 offense if the person for remuneration intentionally or knowingly
5-26 manufactures, assembles, modifies, imports into the state, exports
5-27 out of the state, distributes, advertises, or offers for sale
6-1 [sells], with an intent to aid an offense under Section 31.12, a
6-2 device, a kit or part for a device, or a plan for a system of
6-3 components wholly or partly designed to make intelligible an
6-4 encrypted, encoded, scrambled, or other nonstandard signal carried
6-5 or caused by a multichannel video or information services provider
6-6 [, or part for a device that intercepts, descrambles, or decodes a
6-7 cable television service].
6-8 (b) In this section, ["cable television service" and]
6-9 "device," "encrypted, encoded, scrambled, or other nonstandard
6-10 signal," and "multichannel video or information services provider"
6-11 have the meanings assigned by Section 31.12.
6-12 (c) This section does not prohibit the manufacture,
6-13 distribution, advertisement, offer for sale, or use of satellite
6-14 receiving antennas that are otherwise permitted by state or federal
6-15 law.
6-16 (d) An offense under this section is a Class A misdemeanor.
6-17 SECTION 3. Chapter 31, Penal Code, is amended by adding
6-18 Section 31.14 to read as follows:
6-19 Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR
6-20 INFORMATION SERVICES DEVICE. (a) A person commits an offense if
6-21 the person intentionally or knowingly:
6-22 (1) sells or leases a device, a kit or part for a
6-23 device, or a plan for a system of components wholly or partly
6-24 designed to make intelligible an encrypted, encoded, scrambled, or
6-25 other nonstandard signal carried or caused by a multichannel video
6-26 or information services provider; and
6-27 (2) fails to send the name and address of the buyer to
7-1 the comptroller by certified mail, return receipt requested, before
7-2 the 11th day after the date of the sale or lease.
7-3 (b) In this section, "device," "encrypted, encoded,
7-4 scrambled, or other nonstandard signal," and "multichannel video or
7-5 information services provider" have the meanings assigned by
7-6 Section 31.12.
7-7 (c) This section does not prohibit the sale or lease of
7-8 satellite receiving antennas that are otherwise permitted by state
7-9 or federal law without providing notice to the comptroller.
7-10 (d) An offense under this section is a Class A misdemeanor.
7-11 SECTION 4. Section 134.002(2), Civil Practice and Remedies
7-12 Code, is amended to read as follows:
7-13 (2) "Theft" means unlawfully appropriating property or
7-14 unlawfully obtaining services as described by Section 31.03, 31.04,
7-15 31.05, 31.06, 31.07, [or] 31.11, 31.12, 31.13, or 31.14, Penal
7-16 Code.
7-17 SECTION 5. Subchapter E, Chapter 404, Government Code, is
7-18 amended by adding Section 404.074 to read as follows:
7-19 Sec. 404.074. RECORDS REGARDING SALE OR LEASE OF
7-20 MULTICHANNEL VIDEO OR INFORMATION SERVICES. The comptroller shall
7-21 maintain a central repository for information received by the
7-22 comptroller under Section 31.14, Penal Code. Information
7-23 maintained by the comptroller under this section is subject to the
7-24 requirements of the open records law, Chapter 552, Government Code.
7-25 SECTION 6. The change in law made by this Act applies only
7-26 to an offense committed on or after the effective date of this Act.
7-27 An offense committed before the effective date of this Act is
8-1 covered by the law in effect when the offense was committed, and
8-2 the former law is continued in effect for that purpose. For
8-3 purposes of this section, an offense was committed before the
8-4 effective date of this Act if any element of the offense occurred
8-5 before that date.
8-6 SECTION 7. This Act takes effect September 1, 1999.
8-7 SECTION 8. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.