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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of breach of computer |
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security. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 33.02(a) and (b-1), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if, without the effective |
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consent of the owner, the person knowingly accesses a computer, |
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computer network, or computer system [without the effective consent |
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of the owner]. |
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(b-1) A person commits an offense if, with the intent to |
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defraud or harm another or alter, damage, or delete property, the |
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person knowingly accesses: |
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(1) a computer, computer network, or computer system, |
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without the effective consent of the owner; or |
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(2) a computer, computer network, or computer system: |
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(A) that is owned by: |
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(i) the government; or |
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(ii) a business or other commercial entity |
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engaged in a business activity; |
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(B) in violation of: |
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(i) a clear and conspicuous prohibition by |
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the owner of the computer, computer network, or computer system; or |
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(ii) a contractual agreement to which the |
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person has expressly agreed; and |
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(C) with the intent to obtain or use a file, data, |
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or proprietary information stored in the computer, network, or |
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system to defraud or harm another or alter, damage, or delete |
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property. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |