By:  Shapiro                                          S.B. No. 1201
                                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.  Subsection (b), Section 33.02, Penal Code, is
1-16     amended to read 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;
1-24                 (2)  a state jail felony if:
1-25                       (A)  the aggregate amount involved is $1,500 or
 2-1     more but less than $20,000; or
 2-2                       (B)  the aggregate amount involved is less than
 2-3     $1,500 and the defendant has been previously convicted two or more
 2-4     times of an offense under this chapter;
 2-5                 (3)  a felony of the third degree if the aggregate
 2-6     amount involved is $20,000 or more but less than $100,000;
 2-7                 (4)  a felony of the second degree if the aggregate
 2-8     amount involved is $100,000 or more but less than $200,000; or
 2-9                 (5)  a felony of the first degree if the aggregate
2-10     amount involved is $200,000 or more.
2-11           SECTION 3.  (a)  The change in law made by this Act applies
2-12     only to an offense committed on or after the effective date of this
2-13     Act.  For purposes of this section, an offense is committed before
2-14     the effective date of this Act if any element of the offense occurs
2-15     before the effective date.
2-16           (b)  An offense committed before the effective date of this
2-17     Act is covered by the law in effect when the offense was committed,
2-18     and the former law is continued in effect for that purpose.
2-19           SECTION 4.  This Act takes effect September 1, 2001.