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/* R FRINGE COMMENTARY: Texas' Computer Crimes Law follows. */

TITLE 7, Texas Penal Code

SECTION 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.

/* A pay BBS might fall in this definition depending on how 
broadly the rather ambiguous term "telephone system" is defined. 

	/



    (2) "Computer" means an electronic 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. "Computer" includes a 
    network of two or more computers that are interconnected to 
    function or communicate together.

    (3) "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 
    communicate together.

    (4) "Computer security system" means the design, procedures, 
    or other measures that the person responsible for the 
    operation and iue of a computer system employs to restrict 
    the use of the computer to particular persons or users or 
    that the owner or licensee of data stored or maintained by a 
    computer in which the owner of licensee is entitled ot store 
    or maintain the data employs to restrict access to the data.

    (5) "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.

    (6) "Electric Utility" has the meaning assigned by Subsection 
    (c), Section 3, Public Utility Regulatory Act.

SECTION 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, 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.

/* It is consequently VITAL to label all documentation "COMPUTER 
SECURITY SYSTEM INFORMATION- PROTECTED BY TEXAS COMPUTER CRIMES 
LAW. Likewise, be sure to put on sign on in critical parts of 
your "Computer security system" a similar legend. */

  (c) An offense under this section is a Class A misdemeanor.

SECTION 33.03 Harmful access
  
  (a) A person commits an offense if the person intentionally or 
  knowingly:

    (1) causes a computer to malfunction or interrupts the 
    operation of a computer without the effective consent of the 
    owner of the computer or a person authorized to license 
    access to the computer; or

    (2) alters, damages, or destroys data or a computer program 
    stored, maintained, or produced by a computer, without the 
    effective consent of the owner or licensee of the data or 
    computer program.

  (b) An offense under this section is:

    (1) a Class B misdemeanor if the conduct did not cause any 
    loss or damage or if the value of the loss or damage caused 
    by the conduct is less than $ 200; or

    (2) a Class A misdemeanor if the value of the loss or damage  
    caused by the conduct is $ 200 or more but less than $ 2500; 
    or

    (3) a felony of the third degree if the value of the loss or 
    damage caused by the conduct is $ 2,500 or more.

SECTION 33.04 Defenses

    It is an affirmative defense to prosecution under Section 
    33.02 and 33.03 of this code that the actor was an officer, 
    employee, or agent of a communication 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 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.
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