{"data":{"id":"us-tx/tex.-business-commerce-code-324.002","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 324.002","heading":"DEFINITIONS.","body":"In this chapter:\n(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.\n(1-a) \"Botnet\" means a collection of two or more zombies.\n(2) \"Computer software\" means a sequence of instructions written in a programming language that is executed on a computer. The term does not include:\n(A) a web page; or\n(B) a data component of a web page that cannot be executed independently of that page.\n(3) \"Damage,\" with respect to a computer, means significant impairment to the integrity or availability of data, computer software, a system, or information.\n(4) \"Execute,\" with respect to computer software, means to perform a function or carry out instructions.\n(5) \"Keystroke-logging function\" means a function of a computer software program that:\n(A) records all keystrokes made by a person using a computer; and\n(B) transfers that information from the computer to another person.\n(6) \"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. The phrase \"owner of a computer,\" with respect to a computer sold at retail, does not include a person who owned the computer before the date on which the computer was sold.\n(7) \"Person\" means an individual, partnership, corporation, limited liability company, or other organization, or a combination of those organizations.\n(8) \"Personally identifiable information,\" with respect to an individual who is the owner or operator of a computer, means:\n(A) a first name or first initial in combination with a last name;\n(B) a home or other physical address, including street name;\n(C) an electronic mail address;\n(D) a credit or debit card number;\n(E) a bank account number;\n(F) a password or access code associated with a credit or debit card or bank account;\n(G) a social security number, tax identification number, driver's license number, passport number, or other government-issued identification number; or\n(H) any of the following information if the information alone or in combination with other information personally identifies the individual:\n(i) account balances;\n(ii) overdraft history; or\n(iii) payment history.\n(9) \"Zombie\" means a computer that, without the knowledge and consent of the computer's owner or operator, has been compromised to give access or control to a program or person other than the computer's owner or operator.\nAdded by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.\nAmended by:\nActs 2009, 81st Leg., R.S., Ch. 718 (S.B. 28), Sec. 1, eff. September 1, 2009.","path":["BUSINESS AND COMMERCE CODE","TITLE 10. USE OF TELECOMMUNICATIONS","SUBTITLE B. ELECTRONIC COMMUNICATIONS","CHAPTER 324. CONSUMER PROTECTION AGAINST COMPUTER SPYWARE","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.324.htm#324.002","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"bd8fd564f132f8d4aa730f7e70f6664f802bfaf4da9d9dec3e8b3b701fe5f922","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-324.001","next":"us-tx/tex.-business-commerce-code-324.003"},"notice":"GroundRules: Original legal text. Not legal advice."}