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A BILL TO BE ENTITLED
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AN ACT
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relating to the transmission of an unsolicited commercial |
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electronic mail message. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.002, Business & Commerce Code, as |
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added by Chapter 298, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended by adding Subdivisions (1-a), (10), and |
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(11) to read as follows: |
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(1-a) "Botnet" means a collection of zombies. |
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(10) "Unsolicited commercial electronic mail message" |
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has the meaning assigned by Section 46.001. |
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(11) "Zombie" means a computer that, without the |
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knowledge and consent of the computer's owner or operator, has been |
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compromised to give access or control to a program or person other |
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than the computer's owner or operator. |
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SECTION 2. Section 48.054, Business & Commerce Code, as |
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added by Chapter 298, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended to read as follows: |
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Sec. 48.054. KNOWING VIOLATION. A person knowingly |
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violates Section 48.051, 48.052, [or] 48.053, or 48.057 if the |
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person: |
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(1) acts with actual knowledge of the facts that |
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constitute the violation; or |
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(2) consciously avoids information that would |
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establish actual knowledge of those facts. |
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SECTION 3. Subchapter B, Chapter 48, Business & Commerce |
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Code, as added by Chapter 298, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended by adding Section 48.057 to read as |
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follows: |
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Sec. 48.057. UNAUTHORIZED CREATION OR USE OF ZOMBIES OR |
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BOTNETS. (a) If a person is not the owner or operator of the |
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computer, the person may not knowingly cause or offer to cause the |
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computer to become a zombie or part of a botnet for purposes of |
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sending an unsolicited commercial electronic mail message. |
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(b) A person may not knowingly create, have created, use, or |
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offer to use a zombie or botnet to send an unsolicited commercial |
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electronic mail message. |
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(c) A person may not for purposes of sending an unsolicited |
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commercial electronic mail message: |
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(1) purchase, rent, or otherwise gain control of a |
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zombie or botnet created by another person; or |
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(2) sell, lease, offer for sale or lease, or otherwise |
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provide to another person access to or use of a zombie or botnet. |
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SECTION 4. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect at the time the conduct occurred, and |
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that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |