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A BILL TO BE ENTITLED
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AN ACT
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relating to the impersonation of a state agency website or an |
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associated website; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2054, Government Code, is |
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amended by adding Section 2054.012 to read as follows: |
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Sec. 2054.012. FRAUDULENT STATE AGENCY WEB PAGE PROHIBITED. |
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(a) In this section: |
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(1) "Benefit" and "harm" have the meanings assigned by |
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Section 1.07, Penal Code. |
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(2) "State agency" means a board, commission, |
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department, office, or other agency in the executive branch of |
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state government that is created by the constitution or a statute of |
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this state, including an institution of higher education as defined |
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by Section 61.003, Education Code. |
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(b) A person commits an offense if the person, without |
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obtaining the state agency's consent and with the intent to obtain a |
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benefit or harm or defraud another, creates or maintains on an |
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Internet site a web page that is represented as an official web page |
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of or a web page associated with a state agency. |
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(c) An offense under this section is a felony of the third |
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degree. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the person |
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may be prosecuted under this section, the other law, or both. |
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(e) It is an affirmative defense to prosecution under this |
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section that the person: |
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(1) discloses in unambiguous language to each visitor |
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to the web page that the web page is not associated with this state |
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or an agency, department, or institution of this state; and |
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(2) requires each visitor to the web page to |
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affirmatively acknowledge that the web page is not associated with |
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this state or an agency, department, or institution of this state. |
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SECTION 2. This Act takes effect September 1, 2015. |