TITLE: Relating to creating a criminal offense regarding the breach of computer security.

SUMMARY: Relating to creating a criminal offense regarding the breach of computer security.

FULL TEXT:
AN ACT relating to creating a criminal offense regarding the breach of computer security. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.02, Penal Code, is amended by amending Subsection (b-1) and adding Subsection (f) to read as follows: (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.(f) It is a defense to prosecution under Subsection (b-1)(2) that the actor's conduct consisted solely of action taken pursuant to a contract that was entered into with the owner of the computer, computer network, or computer system for the purpose of assessing the security of the computer, network, or system or providing other security-related services. 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 when 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, 2015.