By Elkins H.B. No. 2652
76R4254 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability for damages arising from failure of computer
1-3 software to recognize and accurately process certain dates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 147 to read as follows:
1-7 CHAPTER 147. LIABILITY FOR COMPUTER DATE
1-8 FAILURE BY COMPUTER SOFTWARE
1-9 Sec. 147.001. DEFINITIONS. In this chapter:
1-10 (1) "Claimant" means a party seeking recovery of
1-11 damages, including a plaintiff, counterclaimant, cross-claimant, or
1-12 third-party plaintiff.
1-13 (2) "Computer" means an electronic, magnetic, optical,
1-14 electrochemical, or other high-speed data processing device that
1-15 performs logical, arithmetic, or memory functions by the
1-16 manipulations of electronic or magnetic impulses and includes all
1-17 input, output, processing, storage, or communication facilities
1-18 that are connected or related to the device.
1-19 (3) "Computer network" means the interconnection of
1-20 two or more computers or computer systems by satellite, microwave,
1-21 line, or other communication medium with the capability to transmit
1-22 information between or among the computers.
1-23 (4) "Computer program" means an ordered set of data
1-24 representing coded instructions or statements that when executed by
2-1 a computer cause the computer to process data or perform specific
2-2 functions.
2-3 (5) "Computer software" means a set of computer
2-4 programs, procedures, and associated documentation related to the
2-5 operation of a computer, computer system, or computer network.
2-6 (6) "Computer system" means any combination of a
2-7 computer or computer network with the documentation, computer
2-8 software, or physical facilities supporting the computer or
2-9 computer network.
2-10 (7) "Defendant" means a party from whom a claimant
2-11 seeks recovery of damages.
2-12 Sec. 147.002. ACTION FOR COMPUTER DATE FAILURE. This
2-13 chapter applies only to an action for damages arising from computer
2-14 date failure caused by computer software being unable to:
2-15 (1) recognize and accurately process the date change
2-16 from December 31, 1999, to January 1, 2000; or
2-17 (2) accurately convert from a two-digit format to a
2-18 four-digit format during the date change from December 31, 1999, to
2-19 January 1, 2000.
2-20 Sec. 147.003. NO LIABILITY FOR DEFENDANT PROVIDING UPGRADES.
2-21 A defendant is not liable for damages in an action to which this
2-22 chapter applies if the defendant shows that:
2-23 (1) the claimant was a registered user of the computer
2-24 software supplied by the defendant that experienced a computer date
2-25 failure;
2-26 (2) before January 1, 2000, the defendant provided the
2-27 claimant with a free upgrade, repair, or replacement to the
3-1 software that the defendant reasonably believed in good faith would
3-2 avoid computer date failure; and
3-3 (3) after learning or being notified of the failure of
3-4 the upgrade, repair, or replacement to avoid computer date failure,
3-5 the defendant, within the time frame expected in an emergency
3-6 situation, provided the claimant with a free upgrade, repair, or
3-7 replacement that corrected the problems associated with the
3-8 computer date failure.
3-9 SECTION 2. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.