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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of false |
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caller identification information display. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 33A.051, Penal Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (c) to read |
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as follows: |
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(a) A person commits an offense if the person[, with the |
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intent to defraud or cause harm,] makes a call or engages in any |
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other conduct using any type of technology that results in the |
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display on another person's telecommunications device of data that |
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misrepresents the actor's identity or telephone number. |
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(b) An offense under this section is a Class B [A] |
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misdemeanor, except that the offense is a Class A misdemeanor if the |
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actor committed the offense with the intent to defraud or cause |
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harm. |
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(c) it is an affirmative defense to prosecution under this |
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section that the identity or telephone number displayed: |
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(1) is a working number at which calls or any other |
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conduct using any type of technology are answered; and |
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(2) legally belongs to: |
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(A) the actor; |
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(B) the actor's legal employer; |
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(C) the actor's coworker or associate; |
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(D) the person or entity legally contracting the |
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actor to call or engage in any other conduct using any type of |
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technology for a lawful purpose; or |
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(E) the person or entity the actor is |
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volunteering for to call or engage in any other conduct using any |
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type of technology for a lawful purpose. |
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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, 2025. |