TITLE: Relating to the prosecution of the offense of breach of computer security.

SUMMARY: Relating to the prosecution of the offense of breach of computer security.

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