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  83R1618 DDT-F
 
  By: Lewis H.B. No. 1043
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of the unauthorized duplication of certain
  recordings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 641.051, Business & Commerce Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  This section does not apply to:
               (1)  a person engaged in Internet, radio, or television
  broadcasting who transfers, or causes to be transferred, a
  recording:
                     (A)  intended for or in connection with an
  Internet, radio, or television broadcast; or
                     (B)  for archival purposes; or
               (2)  an Internet service provider that is only
  providing a conduit for access to the Internet that is used for the
  transfer of a recording by another person.
         SECTION 2.  The change in law made by this Act to Section
  641.051, Business & Commerce Code, does not apply to an offense
  committed under that section before the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by that section as it existed on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.