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.