TITLE: Relating to the creation of the offense of electronic access interference.

SUMMARY: Relating to the creation of the offense of electronic access interference.

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