1-1 By: Hinojosa, et al. (Senate Sponsor - Whitmire) H.B. No. 1876
1-2 (In the Senate - Received from the House April 29, 1999;
1-3 April 30, 1999, read first time and referred to Committee on
1-4 Criminal Justice; May 11, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 3; May 11, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to theft of or tampering with multichannel video or
1-9 information services; providing penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 31.12, Penal Code, is amended to read as
1-12 follows:
1-13 Sec. 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR
1-14 INFORMATION SERVICES [UNAUTHORIZED USE OF TELEVISION DECODING AND
1-15 INTERCEPTION DEVICE OR CABLE DESCRAMBLING, DECODING, OR
1-16 INTERCEPTION DEVICE]. (a) A person commits an offense if, [with
1-17 the intent to intercept or decode a transmission by a cable
1-18 television service] without the authorization of the multichannel
1-19 video or information services provider [of the service], the
1-20 person intentionally or knowingly:
1-21 (1) makes or maintains a connection, whether
1-22 physically, electrically, electronically, or inductively, to:
1-23 (A) a cable, wire, or other component of or
1-24 media attached to a multichannel video or information services
1-25 system; or
1-26 (B) a television set, videotape recorder, or
1-27 other receiver attached to a multichannel video or information
1-28 system;
1-29 (2) attaches, causes to be attached, or maintains the
1-30 attachment of a device to:
1-31 (A) a cable, wire, or other component of or
1-32 media attached to a multichannel video or information services
1-33 system; or
1-34 (B) a television set, videotape recorder, or
1-35 other receiver attached to a multichannel video or information
1-36 services system;
1-37 (3) tampers with, modifies, or maintains a
1-38 modification to a device installed by a multichannel video or
1-39 information services provider; or
1-40 (4) tampers with, modifies, or maintains a
1-41 modification to an access device or uses that access device or any
1-42 unauthorized access device to obtain services from a multichannel
1-43 video or information services provider [attaches to, causes to be
1-44 attached to, or incorporates in a television set, videotape
1-45 recorder, or other equipment designed to receive a television
1-46 transmission a device that intercepts and decodes the
1-47 transmission].
1-48 (b) [A person commits an offense if, with the intent to
1-49 intercept, descramble, or decode a cable television service and
1-50 without the authorization of the provider of the service, the
1-51 person intentionally or knowingly:]
1-52 [(1) makes or maintains an unauthorized cable
1-53 connection or otherwise intercepts cable television service];
1-54 [(2) purchases, possesses, attaches to, causes to be
1-55 attached to, maintains an attachment to, or incorporates in a
1-56 television set, videotape recorder, other equipment designed to
1-57 receive a television transmission, or equipment of a cable
1-58 television system a device that intercepts, descrambles, or decodes
1-59 the service; or]
1-60 [(3) tampers with, changes, or modifies the equipment
1-61 of a cable television system.]
1-62 [(c)] In this section:
1-63 (1) "Access device," "connection," and "device" mean
1-64 an access device, connection, or ["Cable television service" means
2-1 a service provided by or through a facility of a cable television
2-2 system, closed circuit coaxial cable communication system, or
2-3 microwave or similar transmission service used in connection with a
2-4 cable television system.]
2-5 [(2) "Device" means a] device wholly or partly
2-6 designed to make intelligible an encrypted, encoded, scrambled, or
2-7 other nonstandard signal carried by a multichannel video or
2-8 information services provider [other than a nondecoding or
2-9 nondescrambling channel frequency converter or television receiver
2-10 type-accepted by the Federal Communications Commission].
2-11 (2) "Encrypted, encoded, scrambled, or other
2-12 nonstandard signal" means any type of signal or transmission not
2-13 intended to produce an intelligible program or service without the
2-14 use of a device, signal, or information provided by a multichannel
2-15 video or information services provider.
2-16 (3) "Multichannel video or information services
2-17 provider" means a licensed cable television system, video dialtone
2-18 system, multichannel multipoint distribution services system,
2-19 direct broadcast satellite system, or other system providing video
2-20 or information services that are distributed by cable, wire, radio
2-21 frequency, or other media.
2-22 (c) [(d) If an unauthorized device capable of or designed to
2-23 intercept, descramble, or decode a cable television service is
2-24 present on the premises or property occupied and used by a person,
2-25 it is presumed that the person intentionally or knowingly used the
2-26 device to intercept, descramble, or decode a transmission or a
2-27 service. If an unauthorized cable television connection is present
2-28 on the premises or property occupied and used by a person, it is
2-29 presumed that the person intentionally or knowingly used the
2-30 connection to intercept cable television service. If equipment of
2-31 a cable television system that has been tampered with, changed, or
2-32 modified is present on the premises or property occupied and used
2-33 by a person, it is presumed that the person intentionally or
2-34 knowingly used the equipment to intercept, descramble, or decode a
2-35 cable television service.]
2-36 [(e) The presumptions created by Subsection (d) do not apply
2-37 if the person accused shows by a preponderance of the evidence that
2-38 the presence of the unauthorized device or connection, or the
2-39 tampering, change, or modification of the equipment of the cable
2-40 television system, may be attributed to the conduct of another.]
2-41 [(f) The presumptions created by Subsection (d) do not apply
2-42 to a telecommunications company that provides local or long
2-43 distance communications services and uses equipment described by
2-44 that subsection in the normal course of its business.]
2-45 [(g)] This section does not prohibit the manufacture,
2-46 distribution, sale, or use of satellite receiving antennas that are
2-47 otherwise permitted by state or federal law.
2-48 (d) [(h)] An offense under this section is a Class C [B]
2-49 misdemeanor unless it is shown on the trial of the offense that the
2-50 actor:
2-51 (1) has been previously convicted one time of an
2-52 offense under this section, in which event the offense is a Class B
2-53 misdemeanor, or convicted two or more times of an offense under
2-54 this section, in which event the offense is a Class A misdemeanor;
2-55 or
2-56 (2) committed the offense for remuneration, in which
2-57 event the offense [it] is a Class A misdemeanor, unless it is also
2-58 shown on the trial of the offense that the actor has been
2-59 previously convicted two or more times of an offense under this
2-60 section, in which event the offense is a Class A misdemeanor with a
2-61 minimum fine of $2,000 and a minimum term of confinement of 180
2-62 days.
2-63 (e) For the purposes of this section, each connection,
2-64 attachment, modification, or act of tampering is a separate
2-65 offense.
2-66 SECTION 2. Section 31.13, Penal Code, is amended to read as
2-67 follows:
2-68 Sec. 31.13. MANUFACTURE, [SALE, OR] DISTRIBUTION, OR
2-69 ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES
3-1 [TELEVISION DECODING AND INTERCEPTION DEVICE OR CABLE DESCRAMBLING,
3-2 DECODING, OR INTERCEPTION] DEVICE. (a) A person commits an
3-3 offense if the person for remuneration intentionally or knowingly
3-4 manufactures, assembles, modifies, imports into the state, exports
3-5 out of the state, distributes, advertises, or offers for sale
3-6 [sells], with an intent to aid an offense under Section 31.12, a
3-7 device, a kit or part for a device, or a plan for a system of
3-8 components wholly or partly designed to make intelligible an
3-9 encrypted, encoded, scrambled, or other nonstandard signal carried
3-10 or caused by a multichannel video or information services provider
3-11 [, or part for a device that intercepts, descrambles, or decodes a
3-12 cable television service].
3-13 (b) In this section, ["cable television service" and]
3-14 "device," "encrypted, encoded, scrambled, or other nonstandard
3-15 signal," and "multichannel video or information services provider"
3-16 have the meanings assigned by Section 31.12.
3-17 (c) This section does not prohibit the manufacture,
3-18 distribution, advertisement, offer for sale, or use of satellite
3-19 receiving antennas that are otherwise permitted by state or federal
3-20 law.
3-21 (d) An offense under this section is a Class A misdemeanor.
3-22 SECTION 3. Chapter 31, Penal Code, is amended by adding
3-23 Section 31.14 to read as follows:
3-24 Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR
3-25 INFORMATION SERVICES DEVICE. (a) A person commits an offense if
3-26 the person intentionally or knowingly:
3-27 (1) sells or leases a device, a kit or part for a
3-28 device, or a plan for a system of components wholly or partly
3-29 designed to make intelligible an encrypted, encoded, scrambled, or
3-30 other nonstandard signal carried or caused by a multichannel video
3-31 or information services provider; and
3-32 (2) fails to send the name and address of the buyer to
3-33 the comptroller by certified mail, return receipt requested, before
3-34 the 11th day after the date of the sale or lease.
3-35 (b) In this section, "device," "encrypted, encoded,
3-36 scrambled, or other nonstandard signal," and "multichannel video or
3-37 information services provider" have the meanings assigned by
3-38 Section 31.12.
3-39 (c) This section does not prohibit the sale or lease of
3-40 satellite receiving antennas that are otherwise permitted by state
3-41 or federal law without providing notice to the comptroller.
3-42 (d) An offense under this section is a Class A misdemeanor.
3-43 SECTION 4. Section 134.002(2), Civil Practice and Remedies
3-44 Code, is amended to read as follows:
3-45 (2) "Theft" means unlawfully appropriating property or
3-46 unlawfully obtaining services as described by Section 31.03, 31.04,
3-47 31.05, 31.06, 31.07, [or] 31.11, 31.12, 31.13, or 31.14, Penal
3-48 Code.
3-49 SECTION 5. Subchapter E, Chapter 404, Government Code, is
3-50 amended by adding Section 404.074 to read as follows:
3-51 Sec. 404.074. RECORDS REGARDING SALE OR LEASE OF
3-52 MULTICHANNEL VIDEO OR INFORMATION SERVICES. The comptroller shall
3-53 maintain a central repository for information received by the
3-54 comptroller under Section 31.14, Penal Code. Information
3-55 maintained by the comptroller under this section is subject to the
3-56 requirements of the open records law, Chapter 552, Government Code.
3-57 SECTION 6. The change in law made by this Act applies only
3-58 to an offense committed on or after the effective date of this Act.
3-59 An offense committed before the effective date of this Act is
3-60 covered by the law in effect when the offense was committed, and
3-61 the former law is continued in effect for that purpose. For
3-62 purposes of this section, an offense was committed before the
3-63 effective date of this Act if any element of the offense occurred
3-64 before that date.
3-65 SECTION 7. This Act takes effect September 1, 1999.
3-66 SECTION 8. The importance of this legislation and the
3-67 crowded condition of the calendars in both houses create an
3-68 emergency and an imperative public necessity that the
3-69 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.
4-2 * * * * *