VERNON'S TEXAS STATUTES AND CODES ANNOTATED
               COPR. (c) WEST 1990  No Claim to Orig. Govt. Works
                                   PENAL CODE
                       TITLE 7. OFFENSES AGAINST PROPERTY
                           CHAPTER 33. COMPUTER CRIMES

 s 33.01. Definitions

  In this chapter:
   (1) "Communications common carrier" means a person who owns or operates a
  telephone system in this state that includes equipment or facilities for the
  conveyance, transmission, or reception of communications and who receives
  compensation from persons who use that system.
   (2) "COMPUTER" means an electronic, magnetic, optical, electrochemical, or
  other high-speed data processing device that performs logical, arithmetic, or
  memory functions by the manipulations of electronic or magnetic impulses and
  includes all input, output, processing, storage, or communication facilities
  that are connected or related to the device.
   (3) "COMPUTER network" means the interconnection of two or more COMPUTER
  systems by satellite, microwave, line, or other communication medium with the
  capability to transmit information among the COMPUTERS.
   (4) "COMPUTER program" means an ordered set of data representing coded
  instructions or statements that when executed by a COMPUTER cause the COMPUTER
  to process data or perform specific functions.
   (5) "COMPUTER security system" means the design, procedures, or other
  measures that the person responsible for the operation and use of a COMPUTER
  employs to restrict the use of the COMPUTER to particular persons or uses or
  that the owner or licensee of data stored or maintained by a COMPUTER in which
  the owner or licensee is entitled to store or maintain the data employs to
  restrict access to the data.
   (6) "COMPUTER services" means the product of the use of a COMPUTER, the
  information stored in the COMPUTER, or the personnel supporting the COMPUTER,
  including COMPUTER time, data processing, and storage functions.
   (7) "COMPUTER system" means any combination of a COMPUTER or COMPUTERS with
  the documentation, COMPUTER software, or physical facilities supporting the
  COMPUTER.
   (8) "COMPUTER software" means a set of COMPUTER programs, procedures, and
  associated documentation related to the operation of a COMPUTER, COMPUTER
  system, or COMPUTER network.
   (9) "COMPUTER virus" means an unwanted COMPUTER program or other set of
  instructions inserted into a COMPUTER'S memory, operating system, or program
  that is specifically constructed with the ability to replicate itself and to
  affect the other programs or files in the COMPUTER by attaching a copy of the
  unwanted program or other set of instructions to one or more COMPUTER programs
  or files.
   (10) "Damage" includes partial or total alteration, damage, or erasure of
  stored data, or interruption of COMPUTER services.
   (11) "Data" means a representation of information, knowledge, facts,
  concepts, or instructions that is being prepared or has been prepared in a
  formalized manner and is intended to be stored or processed, is being stored
  or processed, or has been stored or processed in a COMPUTER.  Data may be
  embodied in any form, including but not limited to COMPUTER printouts,
  magnetic storage media, and punchcards, or may be stored internally in the
  memory of the COMPUTER.
    (12) "Electric utility" has the meaning assigned by Subsection (c), Section
  3, Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  Statutes).

                           1989 Main Volume Credit(s)

 Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.

                           1990 Pocket Part Credit(s)

 Amended by Acts 1989, 71st Leg., ch. 306, s 1, eff. Sept. 1, 1989.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  1989 Legislation

  The 1989 amendment, in subsec. (2), inserted "magnetic, optical,
 electrochemical, or other high-speed data processing", and deleted the second
 sentence which read " 'COMPUTER' includes a network of two or more COMPUTERS
 that are interconnected to function or communicate together";  subsecs. (3),
 (4), (5) and (6) were renumbered as (4), (5), (11) and (12) respectively;  and
 subsecs. (3) and (6) to (10) were added.

  Section 6 of the 1989 amendatory act provides:

  "(a) The change in law made by this Act applies only to an offense committed
 on or after the effective date of this Act.  For purposes of this section, an
 offense is committed before the effective date of this Act if any element of
 the offense occurs before the effective date.

  "(b) An offense committed before the effective date of this Act is covered by
 the law in effect when the offense was committed, and the former law is
 continued in effect for this purpose."

 s 33.02. Breach of COMPUTER Security

  (a) A person commits an offense if the person:
   (1) uses a COMPUTER without the effective consent of the owner of the
  COMPUTER or a person authorized to license access to the COMPUTER and the
  actor knows that there exists a COMPUTER security system intended to prevent
  him from making that use of the COMPUTER;  or
   (2) gains access to data stored or maintained by a COMPUTER without the
  effective consent of the owner or licensee of the data and the actor knows
  that there exists a COMPUTER security system intended to prevent him from
  gaining access to that data.
  (b) A person commits an offense if the person intentionally or knowingly gives
 a password, identifying code, personal identification number, debit card
 number, bank account number, or other confidential information about a COMPUTER
 security system to another person without the effective consent of the person
 employing the COMPUTER security system to restrict the use of a COMPUTER or to
 restrict access to data stored or maintained by a COMPUTER.
  (c) An offense under this section is a Class A misdemeanor.

                           1989 Main Volume Credit(s)

 Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.

                           1990 Pocket Part Credit(s)

 Amended by Acts 1989, 71st Leg., ch. 306, s 2, eff. Sept. 1, 1989.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  1989 Legislation

  The 1989 amendment, in subsec. (b), inserted "debit card number, bank account
 number".


 s 33.03. Harmful Access

  (a) A person commits an offense if the person intentionally or knowingly and
 without authorization from the owner of the COMPUTER or a person authorized to
 license access to the COMPUTER:
   (1) damages, alters, or destroys a COMPUTER, COMPUTER program or software,
  COMPUTER system, data, or COMPUTER network;
   (2) causes a COMPUTER to interrupt or impair a government operation, public
  communication, public transportation, or public service providing water or
  gas;
   (3) uses a COMPUTER to:
    (A) tamper with government, medical, or educational records;  or
    (B) receive or use records that were not intended for public dissemination
   to gain an advantage over business competitors;
   (4) obtains information from or introduces false information into a COMPUTER
  system to damage or enhance the data or credit records of a person;
   (5) causes a COMPUTER to remove, alter, erase, or copy a negotiable
  instrument;  or
   (6) inserts or introduces a COMPUTER virus into a COMPUTER program, COMPUTER
  network, or COMPUTER system.
  (b) An offense under this section is a:
   (1) felony of the second degree if the value of the loss or damage caused by
  the conduct is $20,000 or more;
   (2) felony of the third degree if the value of the loss or damage caused by
  the conduct is $750 or more but less than $20,000;  or
   (3) Class A misdemeanor if the value of the loss or damage caused by the
  conduct is $200 or more but less than $750.

                           1989 Main Volume Credit(s)

 Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.

                           1990 Pocket Part Credit(s)

 Amended by Acts 1989, 71st Leg., ch. 306, s 3, eff. Sept. 1, 1989.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  1989 Legislation

  The 1989 amendment rewrote the section.

  Section 6 of the 1989 amendatory act provides:

  "(a) The change in law made by this Act applies only to an offense committed
 on or after the effective date of this Act.  For purposes of this section, an
 offense is committed before the effective date of this Act if any element of
 the offense occurs before the effective date.

  "(b) An offense committed before the effective date of this Act is covered by
 the law in effect when the offense was committed, and the former law is
 continued in effect for this purpose."

 s 33.04. Defenses

  It is an affirmative defense to prosecution under Sections 33.02 and 33.03 of
 this code 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.

                           1989 Main Volume Credit(s)

 Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.


 s 33.05. Assistance by Attorney General

  The attorney general, if requested to do so by a prosecuting attorney, may
 assist the prosecuting attorney in the investigation or prosecution of an
 offense under this chapter or of any other offense involving the use of a
 COMPUTER.

                           1989 Main Volume Credit(s)

 Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.


 Art. 13.24. COMPUTER CRIMES

       < Text of article as added by Acts 1989, 71st Leg., ch. 306, s 4 >

  (a) In this section "COMPUTER," "COMPUTER network," "COMPUTER program," and
 "COMPUTER system" have the meanings assigned to those terms in Section 33.01,
 Penal Code.
  (b) An offense under Chapter 33, Penal Code, may be prosecuted in:
   (1) the county of the principal place of business of the owner or lessee of a
  COMPUTER, COMPUTER system, or COMPUTER network involved in the violation;
   (2) any county in which a defendant had control or possession of any proceeds
  from the violation or any books, records, documents, property, negotiable
  instruments, COMPUTER programs, or other material that were used in
  furtherance of the violation;  or
   (3) any county from which, to which, or through which any access to a
  COMPUTER or COMPUTER network was made, whether by wires, electromagnetic
  waves, microwaves, or any other means of communication.

                           1990 Pocket Part Credit(s)

 Added by Acts 1989, 71st Leg., ch. 306, s 4, eff. Sept. 1, 1989.

     < For text of article as added by Acts 1989, 71st Leg., ch. 125, s 2, see
   art. 13.24, ante >


                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Acts 1989, 71st Leg., ch. 306, s 6 provides:

  "(a) The change in law made by this Act applies only to an offense committed
 on or after the effective date of this Act.  For purposes of this section, an
 offense is committed before the effective date of this Act if any element of
 the offense occurs before the effective date.

  "(b) An offense committed before the effective date of this Act is covered by
 the law in effect when the offense was committed, and the former law is
 continued in effect for this purpose."