By Hochberg                                           H.B. No. 3468
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment of certain offenses involving the breach
 1-3     of computer security.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 33.01, Penal Code, is amended by adding
 1-6     Subdivisions (17) and (18) to read as follows:
 1-7                 (17)  "Identifying information" has the meaning
 1-8     assigned by Section 32.51.
 1-9                 (18)  "Sensitive commercial information" means any
1-10     information that is about a corporation, partnership, association,
1-11     business trust, estate, or other legal or commercial entity and is
1-12     deemed confidential by law.  The term includes:
1-13                       (A)  commercial and financial information; and
1-14                       (B)  trade secrets.
1-15           SECTION 2.  Section 33.02(b), Penal Code, is amended to read
1-16     as follows:
1-17           (b)  An offense under this section is a Class B misdemeanor
1-18     unless in committing the offense the actor knowingly obtains a
1-19     benefit, defrauds or harms another, [or] alters, damages, or
1-20     deletes property, or obtains identifying information or sensitive
1-21     commercial information, in which event the offense is:
1-22                 (1)  a Class A misdemeanor if the aggregate amount
1-23     involved is less than $1,500 or the identifying information that is
 2-1     obtained is about one individual;
 2-2                 (2)  a state jail felony if:
 2-3                       (A)  the aggregate amount involved is $1,500 or
 2-4     more but less than $20,000 or the number of individuals about whom
 2-5     identifying information is obtained is more than one but less than
 2-6     1,000; or
 2-7                       (B)  the aggregate amount involved is less than
 2-8     $1,500 or the identifying information that is obtained is about one
 2-9     individual and the defendant has been previously convicted two or
2-10     more times of an offense under this chapter;
2-11                 (3)  a felony of the third degree if the aggregate
2-12     amount involved is $20,000 or more but less than $100,000 or the
2-13     number of individuals about whom identifying information is
2-14     obtained is 1,000 or more but less than 10,000;
2-15                 (4)  a felony of the second degree if the aggregate
2-16     amount involved is $100,000 or more but less than $200,000 or the
2-17     number of individuals about whom identifying information is
2-18     obtained is 10,000 or more but less than 100,000; or
2-19                 (5)  a felony of the first degree if the aggregate
2-20     amount involved is $200,000 or more or the number of individuals
2-21     about whom identifying information is obtained is 100,000 or more.
2-22           SECTION 3.  (a)  The change in law made by this Act applies
2-23     only to an offense committed on or after the effective date of this
2-24     Act.  For purposes of this section, an offense is committed before
2-25     the effective date of this Act if any element of the offense occurs
2-26     before the effective date.
 3-1           (b)  An offense committed before the effective date of this
 3-2     Act is covered by the law in effect when the offense was committed,
 3-3     and the former law is continued in effect for that purpose.
 3-4           SECTION 4.  This Act takes effect September 1, 2001.