83R23337 DDT-F
 
  By: Turner of Tarrant, Thompson of Harris, H.B. No. 2539
      et al.
 
 
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 109 to read as follows:
  CHAPTER 109. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD
  PORNOGRAPHY
         Sec. 109.001.  DEFINITIONS. In this chapter:
               (1)  "Child pornography" means an image of a child
  engaging in sexual conduct or sexual performance.
               (2)  "Commercial mobile service provider" has the
  meaning assigned by Section 64.201, Utilities Code.
               (3)  "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.
               (4)  "Information service provider" includes an
  Internet service provider and hosting service provider.
               (5)  "Sexual conduct" and "sexual performance" have the
  meanings assigned by Section 43.25, Penal Code.
               (6)  "Telecommunications provider" has the meaning
  assigned by Section 51.002, Utilities Code.
         Sec. 109.002.  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,
  and as permitted by federal law.
         (b)  Except in a case of wilful or wanton misconduct, a
  computer technician may not be held liable in a civil action for
  reporting or failing to report the discovery of an image under
  Subsection (a).
         (c)  A telecommunications provider, commercial mobile
  service provider, or information service provider may not be held
  liable under this chapter for the failure to report child
  pornography that is transmitted or stored by a user of the service.
         Sec. 109.003.  CRIMINAL PENALTY. (a)  A person who
  intentionally fails to report an image in violation of 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, 2013.