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79R1023 CLG-D
By: Zaffirini S.B. No. 326
A BILL TO BE ENTITLED
AN ACT
relating to using the Internet to obtain identifying information of
another person for a fraudulent purpose; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Business & Commerce Code, is amended by
adding Chapter 48 to read as follows:
CHAPTER 48. INTERNET FRAUD
Sec. 48.001. DEFINITIONS. In this chapter:
(1) "Electronic mail" means a message, file, or other
information that is transmitted through a local, regional, or
global computer network, regardless of whether the message, file,
or other information is viewed, stored for retrieval at a later
time, printed, or filtered by a computer program that is designed or
intended to filter or screen those items.
(2) "Electronic mail address" means a destination,
commonly expressed as a string of characters, to which electronic
mail may be sent or delivered.
(3) "Identifying information" has the meaning
assigned by Section 32.51, Penal Code.
(4) "Internet domain name" refers to a globally
unique, hierarchical reference to an Internet host or service,
assigned through a centralized Internet naming authority and
composed of a series of character strings separated by periods with
the right-most string specifying the top of the hierarchy.
(5) "Internet information location tool" means a
service that refers or links a person using the service to an online
site on the World Wide Web. The term includes a directory, index,
reference, pointer, and hypertext link.
Sec. 48.002. CREATION OF INTERNET WEBSITE OR DOMAIN NAME
FOR FRAUDULENT PURPOSES. A person may not, with the intent to
engage in conduct involving the fraudulent use or possession of
another person's identifying information:
(1) create an Internet website or domain name that is
represented as a legitimate online business without the express
authority of the registered owner of the business; and
(2) use that website or domain name to induce,
request, or solicit another person to provide identifying
information for a purpose that the other person believes is
legitimate.
Sec. 48.003. ELECTRONIC MAIL FRAUD. A person may not, with
the intent to engage in conduct involving the fraudulent use or
possession of identifying information, send or cause to be sent to
an electronic mail address held by a resident of this state an
electronic mail message that:
(1) is falsely represented as being sent by a
legitimate online business;
(2) includes an Internet information location tool
that refers or links the recipient of the message to an online site
on the World Wide Web that is represented as being associated with
the legitimate online business; and
(3) directly or indirectly induces, requests, or
solicits the recipient of the electronic mail message to provide
identifying information for a purpose that the recipient believes
is legitimate.
Sec. 48.004. CIVIL PENALTY. (a) A person who violates
Section 48.002 is liable to the state for a civil penalty in an
amount not to exceed $25,000 for each violation.
(b) A person who violates Section 48.003 is liable to the
state for a civil penalty in an amount not to exceed $500 for each
violation. For purposes of imposing the penalty, each occurrence in
which a person who is a resident of this state receives an
electronic mail message that violates this section is a separate
violation.
(c) The attorney general or the prosecuting attorney in the
county in which the violation occurs may bring suit to recover a
civil penalty imposed under this section.
Sec. 48.005. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates Section 48.002 or 48.003.
(b) An offense under this section is a felony of the third
degree.
SECTION 2. Chapter 48, Business & Commerce Code, as added by
this Act, applies only to an electronic mail message that is sent on
or after September 1, 2005.
SECTION 3. This Act takes effect September 1, 2005.