S.B. No. 1343         AN ACT   relating to the capture, use, or recording of certain items for   commercial purposes, including the prosecution of criminal   offenses regarding unauthorized recordings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 503.001, Business & Commerce Code, is   amended by adding Subsection (e) to read as follows:          (e)  This section does not apply to voiceprint data retained   by a financial institution or an affiliate of a financial   institution, as those terms are defined by 15 U.S.C. Section 6809.          SECTION 2.  Section 641.001(4), Business & Commerce Code, is   amended to read as follows:                (4)  "Recording" means a tangible medium on which   sounds, images, or both are recorded or otherwise stored,   including:                      (A)  an original phonograph record, disc, tape,   audio or video cassette, wire, film, memory card, flash drive, hard   drive, data storage device, or other medium now existing or later   developed; or                      (B)  a copy or reproduction that wholly or partly   duplicates the original.          SECTION 3.  Section 641.054, Business & Commerce Code, is   amended to read as follows:          Sec. 641.054.  IMPROPER LABELING. (a)  A person commits an   offense if:                (1)  for commercial advantage or private financial   gain, the person knowingly:                      (A)  advertises, offers for sale, sells, rents, or   transports a recording;                      (B)  causes the sale, resale, rental, or   transportation of a recording; or                      (C)  possesses a recording for a purpose described   by Paragraph (A) or (B); and                (2)  the outside cover, box, or jacket of the recording   does not clearly and conspicuously disclose[:                      [(A)]  the actual name and address of the   manufacturer[; and                      [(B)  the name of the performer or group].          (b)  An offense under this section is punishable by:                (1)  imprisonment for a term of not more than five   years, a fine not to exceed $250,000, or both imprisonment and the   fine, if:                      (A)  the offense involves [at least] 65 or more   improperly labeled [unauthorized] recordings, or the commercial   equivalent thereof, during a 180-day period; or                      (B)  the defendant has been previously convicted   under this section;                (2)  imprisonment for a term of not more than two years,   a fine not to exceed $250,000, or both imprisonment and the fine, if   the offense involves more than seven but fewer than 65 improperly   labeled [unauthorized] recordings, or the commercial equivalent   thereof, during a 180-day period; or                (3)  confinement in the county jail for a term of not   more than one year, a fine not to exceed $25,000, or both   confinement and the fine, if the offense is not otherwise   punishable under Subdivision (1) or (2).          SECTION 4.  Article 42.037, Code of Criminal Procedure, is   amended by adding Subsections (t), (u), and (v) to read as follows:          (t)  If a person is convicted of an offense under Section   641.054, Business & Commerce Code, the court shall order the person   to make restitution to an owner or lawful producer of a master   recording that has suffered financial loss as a result of the   offense or to a trade association that represents that owner or   lawful producer.  The amount of restitution ordered shall be:                (1)  the greater of:                      (A)  the aggregate wholesale value of the lawfully   manufactured and authorized recordings corresponding to the number   of nonconforming recordings involved in the offense; or                      (B)  the actual financial loss to the owner,   lawful producer, or trade association; and                (2)  the costs associated with investigating the   offense.          (u)  For purposes of Subsection (t)(1)(A):                (1)  the calculation of the aggregate wholesale value   is based on the average wholesale value of the lawfully   manufactured and authorized recordings; and                (2)  the specific wholesale value of each nonconforming   recording is not relevant to the calculation.          (v)  For purposes of Subsection (t)(1)(B), the possession of   a nonconforming recording intended for sale constitutes an actual   financial loss to an owner or lawful producer equal to the actual   value of the legitimate wholesale purchases displaced by the   nonconforming recordings.          SECTION 5.  (a)  Except as provided by Subsection (b) of   this section, the changes in law made by this Act apply 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 subsection, an offense was committed before the effective date   of this Act if any element of the offense occurred before that date.          (b)  The change in law made by this Act to Section 503.001,   Business & Commerce Code, applies only to a violation that occurs on   or after the effective date of this Act. A violation that occurs   before the effective date of this Act is governed by the law in   effect on the date the violation occurred, and the former law is   continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1343 passed the Senate on   April 20, 2017, by the following vote: Yeas 30, Nays 1; and that   the Senate concurred in House amendment on May 28, 2017, by the   following vote: Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1343 passed the House, with   amendment, on May 18, 2017, by the following vote: Yeas 143,   Nays 3, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor