The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.
Amend CSHB 2564 by adding the following appropriately
numbered SECTION to the bill and by renumbering subsequent SECTIONS
accordingly:
SECTION ____. Subtitle C, Title 5, Business & Commerce
Code, is amended by adding Chapter 108 to read as follows:
CHAPTER 108. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD
PORNOGRAPHY
Sec. 108.001. DEFINITIONS. In this chapter:
(1) "Child pornography" means an image of a child
engaging in sexual conduct or sexual performance.
(2) "Computer technician" means an individual who, in
the course and scope of employment or business, installs, repairs,
or otherwise services a computer for a fee.
(3) "Sexual conduct" and "sexual performance" have the
meanings assigned by Section 43.25, Penal Code.
Sec. 108.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY.
(a) A computer technician who, in the course and scope of
employment or business, views an image on a computer that is or
appears to be child pornography shall immediately report the
discovery of the image to a local or state law enforcement agency or
the Cyber Tipline at the National Center for Missing and Exploited
Children. The report must include the name and address of the owner
or person claiming a right to possession of the computer, if known.
(b) A computer technician may not be held liable on account
of any action taken in good faith to comply with this section.
Sec. 108.003. CRIMINAL PENALTY. (a) A person who violates
this chapter commits an offense. An offense under this subsection
is a Class B misdemeanor.
(b) It is a defense to prosecution under this section that
the actor did not report the discovery of an image of child
pornography because the child in the image appeared to be at least
18 years of age.