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Texas Business & Commerce Code - Section 48.002. Definitions

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 48.002. Definitions

§ 48.002. DEFINITIONS.  In this chapter:                                    
		(1)  "Advertisement" means a communication that 
includes the promotion of a commercial product or service, 
including communication on an Internet website operated for a 
commercial purpose.
		(2)  "Cause computer software to be copied" means to 
distribute or transfer computer software or a component of computer 
software.  The term does not include:
			(A)  the transmission or routing of computer 
software or a component of the software;
			(B)  the provision of intermediate temporary 
storage or caching of software;
			(C)  the provision of a storage medium such as a 
compact disk;             
			(D)  a website;                                                              
			(E)  the distribution of computer software by a 
third party through a computer server;  or
			(F)  the provision of an information location 
tool, such as a directory, index, reference, pointer, or hypertext 
link, through which the user of a computer is able to locate 
computer software.
		(3)  "Computer software" means a sequence of 
instructions written in a programming language that is executed on 
a computer.  The term does not include:
			(A)  a web page;  or                                                         
			(B)  a data component of a web page that cannot be 
executed independently of that page.
		(4)  "Damage," with respect to a computer, means 
significant impairment to the integrity or availability of data, 
computer software, a system, or information.
		(5)  "Execute," with respect to computer software, 
means to perform a function or carry out instructions.
		(6)  "Keystroke-logging function" means a function of a 
computer software program that records all keystrokes made by a 
person using a computer and transfers that information from the 
computer to another person.
		(7)  "Owner or operator of a computer" means the owner 
or lessee of a computer or an individual using a computer with the 
authorization of the owner or lessee of the computer.  If a computer 
was sold at retail, the phrase "owner of a computer" does not 
include the person who owned the computer before the date on which 
the computer was sold.
		(8)  "Person" means any individual, partnership, 
corporation, limited liability company, or other organization, or a 
combination of those organizations.
		(9)  "Personally identifiable information," with 
respect to an individual who is the owner or operator of a computer, 
means:
			(A)  first name or first initial in combination 
with last name;            
			(B)  a home or other physical address, including 
street name;              
			(C)  an electronic mail address;                                             
			(D)  a credit or debit card number;                                          
			(E)  a bank account number;                                                  
			(F)  a password or access code associated with a 
credit or debit card or bank account;
			(G)  a social security number, tax identification 
number, driver's license number, passport number, or other 
government-issued identification number;  or
			(H)  any of the following information if the 
information alone or in combination with other information 
personally identifies the individual:
				(i)  account balances;                                                      
				(ii)  overdraft history;  or                                                
				(iii)  payment history.                                                     

Added by Acts 2005, 79th Leg., ch. 298, § 1, eff. Sept. 1, 2005.           

Last modified: August 10, 2007