85R5150 ADM-D     By: Capriglione H.B. No. 9       A BILL TO BE ENTITLED   AN ACT   relating to cybercrime; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas Cybercrime   Act.          SECTION 2.  Chapter 33, Penal Code, is amended by adding   Sections 33.022 and 33.023 to read as follows:          Sec. 33.022.  ELECTRONIC ACCESS INTERFERENCE. (a) A person   commits an offense if the person intentionally interrupts or   suspends access to a computer system or computer network without   the effective consent of the owner.          (b)  An offense under this section is a third degree felony.          (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, computer network, or   computer system for a legitimate law enforcement purpose.          Sec. 33.023.  ELECTRONIC DATA TAMPERING. (a) In this   section:                (1)  "Malware" means computer software used to:                      (A)  gather data without the effective consent of   the owner of the data;                      (B)  gain access to a computer, computer network,   or computer system without the effective consent of the owner; or                      (C)  disrupt the operation of a computer, computer   network, or computer system without the effective consent of the   owner.                (2)  "Ransomware" means malware that demands a ransom   payment to:                      (A)  restore access to a person's property; or                      (B)  not publish the person's data.          (b)  A person commits an offense if the person:                (1)  alters data as it transmits between two computers   in a computer network or computer system without the effective   consent of the owner; or                (2)  introduces malware, including ransomware, onto a   computer, computer network, or computer system without the   effective consent of the owner.          (c)  An offense under this section is a Class A misdemeanor,   unless the person acted with the intent to defraud or harm another   or alter, damage, or delete property, in which event the offense is:                 (1)  a state jail felony if the aggregate amount   involved is $2,500 or more but less than $30,000;                (2)  a felony of the third degree if the aggregate   amount involved is $30,000 or more but less than $150,000;                (3)  a felony of the second degree if:                      (A)  the aggregate amount involved is $150,000 or   more but less than $300,000; or                      (B)  the aggregate amount involved is any amount   less than $300,000 and the computer, computer network, or computer   system is owned by the government or a critical infrastructure   facility; or                (4)  a felony of the first degree if the aggregate   amount involved is $300,000 or more.          (d)  When benefits are obtained, a victim is defrauded or   harmed, or property is altered, damaged, or deleted in violation of   this section, whether or not in a single incident, the conduct may   be considered as one offense and the value of the benefits obtained   and of the losses incurred because of the fraud, harm, or   alteration, damage, or deletion of property may be aggregated in   determining the grade of the offense.          (e)  A person who is subject to prosecution under this   section and any other section of this code may be prosecuted under   either or both sections.          SECTION 3.  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, 33.022, or 33.023(b)(1) 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 4.  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 5.  This Act takes effect September 1, 2017.