81R10070 NC-D

By: McClendon H.B. No. 2564

A BILL TO BE ENTITLED

AN ACT

relating to the analysis of computer data; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as effective April 1, 2009, is amended by adding Chapter 107 to read as follows:

CHAPTER 107. COMPUTER DATA ANALYSIS

Sec. 107.001. DEFINITIONS. In this chapter:

(1) "Computer data recovery specialist" means a person who offers the service of recovering data, for non-evidentiary purposes, from a digital form of media storage that is not accessible by the person requesting the service.

(2) "Computer forensic analyst" means a person who acquires, reviews, takes images of, or analyzes digital or computer-based information for the purpose of obtaining or furnishing the information for evidentiary purposes in an actual or potential civil or criminal proceeding.

(3) "Computer technician" means a person who repairs or services computers, including the repair of software.

Sec. 107.002. STATEMENT OF OWNERSHIP REQUIRED. (a) A computer data recovery specialist, computer forensic analyst, or computer technician may not, in the course and scope of employment or for a fee, analyze or recover data contained in a computer unless:

(1) the specialist, analyst, or technician, or the employer of the specialist, analyst, or technician, has obtained a dated work order that includes a signed statement from the person requesting the service that states that the facts contained in the work order form are true and correct and that the person:

(A) owns or has the right of possession to the computer; or

(B) represents the owner as an authorized agent or attorney; or

(2) the data analysis is authorized by a court or a law enforcement agency.

(b) This section does not apply to a computer owned by the employer of the computer forensic analyst or computer technician.

Sec. 107.003. MAINTENANCE AND INSPECTION OF STATEMENTS. (a) A computer data recovery specialist, computer forensic analyst, computer technician, or employer who obtains a statement required under Section 107.002 shall maintain the statement for a period of not less than one year.

(b) The computer data recovery specialist, computer forensic analyst, computer technician, or employer shall make the statement available for inspection on request by a law enforcement agency under a court-ordered subpoena or search warrant.

Sec. 107.004. VIOLATION. (a) A person commits an offense if the person violates Section 107.003. An offense under this subsection is a Class C misdemeanor.

(b) A person commits an offense if the person provides a materially false statement in a signed work order statement required by Section 107.002. An offense under this subsection is a Class A misdemeanor.

SECTION 2. Section 1702.104, Occupations Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:

(b) Except as provided by Subsection (c) or (d), for [For] purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.

(c) "Obtaining or furnishing information" does not include obtaining or furnishing computer-based data by a computer forensic analyst, as defined by Section 107.001, Business & Commerce Code, which does not constitute an investigation for purposes of this section and does not require licensing under this chapter.

(d) The repair or maintenance of a computer does not constitute an investigation for purposes of this section and does not require licensing under this chapter if the person performing the repair or maintenance:

(1) is installing or repairing computer equipment or diagnosing a computer or software problem; and

(2) is not furnishing information or securing evidence described by Subsection (a)(1) or (2).

SECTION 3. This Act takes effect September 1, 2009.