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A BILL TO BE ENTITLED
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AN ACT
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relating to the analysis of computer data; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as |
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effective April 1, 2009, is amended by adding Chapter 107 to read as |
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follows: |
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CHAPTER 107. COMPUTER DATA ANALYSIS |
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Sec. 107.001. DEFINITIONS. In this chapter: |
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(1) "Computer data recovery specialist" means a person |
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who offers the service of recovering data, for non-evidentiary |
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purposes, from a digital form of media storage that is not |
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accessible by the person requesting the service. |
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(2) "Computer forensic analyst" means a person who |
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acquires, reviews, takes images of, or analyzes digital or |
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computer-based information for the purpose of obtaining or |
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furnishing the information for evidentiary purposes in an actual or |
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potential civil or criminal proceeding. |
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(3) "Computer technician" means a person who repairs |
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or services computers, including the repair of software. |
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Sec. 107.002. STATEMENT OF OWNERSHIP REQUIRED. (a) A |
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computer data recovery specialist, computer forensic analyst, or |
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computer technician may not, in the course and scope of employment |
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or for a fee, analyze or recover data contained in a computer |
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unless: |
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(1) the specialist, analyst, or technician, or the |
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employer of the specialist, analyst, or technician, has obtained a |
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dated work order that includes a signed statement from the person |
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requesting the service that states that the facts contained in the |
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work order form are true and correct and that the person: |
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(A) owns or has the right of possession to the |
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computer; or |
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(B) represents the owner as an authorized agent |
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or attorney; or |
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(2) the data analysis is authorized by a court or a law |
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enforcement agency. |
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(b) This section does not apply to a computer owned by the |
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employer of the computer data recovery specialist, computer |
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forensic analyst, or computer technician. |
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Sec. 107.003. MAINTENANCE AND INSPECTION OF STATEMENTS. |
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(a) A computer data recovery specialist, computer forensic |
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analyst, computer technician, or employer who obtains a statement |
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required under Section 107.002 shall maintain the statement for a |
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period of not less than one year. |
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(b) The computer data recovery specialist, computer |
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forensic analyst, computer technician, or employer shall make the |
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statement available for inspection on request by a law enforcement |
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agency under a court-ordered subpoena or search warrant. |
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Sec. 107.004. VIOLATION. (a) A person commits an offense |
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if the person violates Section 107.003. An offense under this |
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subsection is a Class C misdemeanor. |
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(b) A person commits an offense if the person provides a |
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materially false statement in a signed work order statement |
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required by Section 107.002. An offense under this subsection is a |
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Class A misdemeanor. |
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SECTION 2. Section 1702.104, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsections (c), (d), and (e) |
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to read as follows: |
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(b) Except as provided by Subsection (c) or (d), for [For] |
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purposes of Subsection (a)(1), obtaining or furnishing information |
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includes information obtained or furnished through the review and |
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analysis of, and the investigation into the content of, |
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computer-based data not available to the public. |
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(c) "Obtaining or furnishing information" does not include |
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obtaining or furnishing computer-based data by a person acting as a |
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computer data recovery specialist or computer forensic analyst, as |
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those terms are defined by Section 107.001, Business & Commerce |
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Code, which does not constitute an investigation for purposes of |
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this section and does not require licensing under this chapter. |
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(d) The repair or maintenance of a computer does not |
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constitute an investigation for purposes of this section and does |
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not require licensing under this chapter if the person performing |
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the repair or maintenance: |
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(1) is installing or repairing computer equipment or |
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diagnosing a computer or software problem; and |
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(2) is not furnishing information or securing evidence |
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described by Subsection (a)(1) or (2). |
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(e) A computer data recovery specialist or computer |
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forensic analyst, as those terms are defined by Section 107.001, |
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Business & Commerce Code, who engages in an activity described by |
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Subsection (a)(2) is not conducting an investigation for purposes |
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of this section and does not require licensing under this chapter. |
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SECTION 3. This Act takes effect September 1, 2009. |