82R8755 JE-F
 
  By: Davis S.B. No. 1108
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring computer technicians to report images of
  child pornography; providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 106 to read as follows:
  CHAPTER 106. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD
  PORNOGRAPHY
         Sec. 106.001.  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. 106.002.  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. 106.003.  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.
         SECTION 2.  This Act takes effect September 1, 2011.