80R6304 CLG-D
 
  By: Fraser S.B. No. 1544
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the transmission of an unsolicited commercial
electronic mail message.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 48.054 and 48.055, Business & Commerce
Code, are amended to read as follows:
       Sec. 48.054.  KNOWING VIOLATION.  A person knowingly
violates Section 48.051, 48.052, [or] 48.053, or 48.055(b) if the
person:
             (1)  acts with actual knowledge of the facts that
constitute the violation; or
             (2)  consciously avoids information that would
establish actual knowledge of those facts.
       Sec. 48.055.  OTHER PROHIBITED CONDUCT. (a)  If a person is
not the owner or operator of the computer, the person may not:
             (1)  induce the owner or operator of a computer in this
state to install a computer software component to the computer by
intentionally misrepresenting the extent to which the installation
is necessary for security or privacy reasons, to open or view text,
or to play a particular type of musical or other content; or
             (2)  copy and execute or cause the copying and
execution of a computer software component to a computer in this
state in a deceptive manner with the intent of causing the owner or
operator of the computer to use the component in a manner that
violates this chapter.
       (b)  If a person is not the owner or operator of the computer,
the person may not knowingly cause computer software to be copied to
a computer in this state and use the software to send an unsolicited
commercial electronic mail message, as defined by Section 46.001.
       SECTION 2.  The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect at the time the conduct occurred, and
that law is continued in effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.