By Hochberg                                           H.B. No. 1963
         77R4303 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the aggregation of amounts involved in the offense of
 1-3     breach of computer security to determine punishment.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 33.01(2), Penal Code, is amended to read
 1-6     as follows:
 1-7                 (2)  "Aggregate amount" means the amount of:
 1-8                       (A)  any direct or indirect loss incurred by a
 1-9     victim, including the value of money, property, or service stolen
1-10     or rendered unrecoverable by the offense; and [or]
1-11                       (B)  any expenditure required by the victim to
1-12     verify that a computer, computer network, computer program, or
1-13     computer system was not altered, acquired, damaged, deleted, or
1-14     disrupted by the offense.
1-15           SECTION 2. Section 33.02, Penal Code, is amended by adding
1-16     Subsection (c) to read as follows:
1-17           (c)  When benefits are obtained, a victim is defrauded or
1-18     harmed, or property is altered, damaged, or deleted in violation of
1-19     this section, whether or not in a single incident, the conduct may
1-20     be considered as one offense and the value of the benefits obtained
1-21     and of the losses incurred because of the fraud, harm, or
1-22     alteration, damage, or deletion of property may be aggregated in
1-23     determining the grade of the offense.
1-24           SECTION 3. This Act takes effect September 1, 2001, and
 2-1     applies only to an offense committed on or  after  that  date. An
 2-2     offense  committed before the effective date of this Act is covered
 2-3     by the law in effect when the offense was committed, and the former
 2-4     law is continued in effect for that purpose. For purposes of this
 2-5     section, an offense was committed before the effective date of this
 2-6     Act if any element of the offense occurred before that date.