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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of electronic access |
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interference. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Penal Code, is amended by adding |
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Section 33.022 to read as follows: |
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Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE. (a) A person |
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commits an offense if: |
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(1) the person intentionally interrupts or suspends |
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access to a computer network or computer system without the |
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effective consent of the owner; and |
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(2) the computer network or computer system is owned |
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by the government or a critical infrastructure facility. |
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(b) An offense under this section is a felony of the third |
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degree. |
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(c) It is a defense to prosecution under this section that |
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the person acted with the intent to facilitate a lawful seizure or |
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search of, or lawful access to, a computer network or computer |
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system for a legitimate law enforcement purpose. |
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SECTION 2. Section 33.03, Penal Code, is amended to read as |
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follows: |
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Sec. 33.03. DEFENSES. It is an affirmative defense to |
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prosecution under Section 33.02 or 33.022 that the actor was an |
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officer, employee, or agent of a communications common carrier or |
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electric utility and committed the proscribed act or acts in the |
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course of employment while engaged in an activity that is a |
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necessary incident to the rendition of service or to the protection |
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of the rights or property of the communications common carrier or |
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electric utility. |
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SECTION 3. This Act takes effect September 1, 2017. |