HBA-NMO H.B. 1876 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1876 By: Hinojosa Criminal Jurisprudence 3/21/99 Introduced BACKGROUND AND PURPOSE Current law provides criminal penalties for the theft of cable television service. With new technology available for receiving multichannel video and information services, the Penal Code may need to be amended to stay abreast of such technological changes. In addition, an industry has been created which advertises and sells devices used to intercept signals, directions to build such devices, and parts to modify authorized equipment. H.B. 1876 expands the definition of cable theft to include the new technology available for receiving multichannel video and information services, and restructures the criminal penalties for such theft, reducing the basic offense from a Class B to a Class C misdemeanor. This bill also provides a criminal penalty for the advertisement of and offer for sale of a device, plan, or kit to aid in the theft of multichannel video or information services, and a criminal penalty for sale of such items without sending the name and address of the buyer to the comptroller in an timely manner. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.12, Penal Code, as follows: Sec. 31.12. New Title: THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (a) Provides that a person commits an offense if, without the authorization of the multichannel video or information services provider, rather than with the intent to intercept or decode a transmission by a cable television service, the person intentionally or knowingly makes or maintains certain connections; makes certain attachments; or tampers with, modifies, or maintains a modification to certain devices. Makes conforming changes. (b) Deletes existing text to make conforming changes. Creates from existing Subsection (c). Defines "access device," "connection," and "device." Defines "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider." Makes conforming changes. (c) Creates from existing Subsection (g), to provide that this section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. Deletes existing Subsections (d), (e), and (f) to make conforming changes. (d) Creates from existing Subsection (h). Provides that an offense under this section is a Class C, rather than Class B, misdemeanor unless it is shown on trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. (e) Provides that for the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. SECTION 2. Amends Section 31.13, Penal Code, as follows: Sec. 31.13. New Title: MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES. Provides that a person commits an offense if the person, for remuneration, intentionally or knowingly advertises or offers for sale, in addition to certain other actions, a kit or part for a device, or plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider, with an intent to aid an offense under Section 31.12, Penal Code. Makes conforming changes. SECTION 3. Amends Chapter 31, Penal Code, by adding Section 31.14, as follows: Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (a) Provides that a person commits an offense if the person intentionally or knowingly sells or leases a device, a kit or part for a device, or plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider, and fails to send the name and address of the buyer to the comptroller before the 11th day after the date of the sale or lease. (b) Defines "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider." (c) Provides that this section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. (d) Provides that an offense under this section is a Class A misdemeanor. SECTION 4. Amends Section 134.002(2), Civil Practice and Remedies Code, to include in the definition of "theft" the unlawful appropriation of property or services as described by Sections 31.12, 31.13, and 31.14, Penal Code. SECTION 5. Amends Subchapter E, Chapter 404, Government Code, by adding Section 404.074, as follows: Sec. 404.074. RECORDS REGARDING SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES. Requires the comptroller to maintain a central repository for information received by the comptroller under Section 31.14, Penal Code. Information maintained by the comptroller under this section is subject to the requirements of the open records law, Chapter 552, Government Code. SECTION 6. Makes application of this Act prospective. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause.