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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. Sections 48.054 and 48.055, Business & Commerce |
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Code, are 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 48.055(b) 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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Sec. 48.055. OTHER PROHIBITED CONDUCT. (a) If a person is |
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not the owner or operator of the computer, the person may not: |
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(1) induce the owner or operator of a computer in this |
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state to install a computer software component to the computer by |
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intentionally misrepresenting the extent to which the installation |
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is necessary for security or privacy reasons, to open or view text, |
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or to play a particular type of musical or other content; or |
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(2) copy and execute or cause the copying and |
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execution of a computer software component to a computer in this |
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state in a deceptive manner with the intent of causing the owner or |
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operator of the computer to use the component in a manner that |
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violates this chapter. |
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(b) If a person is not the owner or operator of the computer, |
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the person may not knowingly cause computer software to be copied to |
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a computer in this state and use the software to send an unsolicited |
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commercial electronic mail message, as defined by Section 46.001. |
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SECTION 2. 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 3. This Act takes effect September 1, 2007. |