Tex. Bus. & Com. Code Section 324.003
Exceptions to Applicability of Chapter


(a)

Section 324.052 (Unauthorized Access to or Modifications of Computer Settings; Computer Damage), other than Subdivision (1) of that section, and Sections 324.053 (Unauthorized Interference with Installation or Disabling of Computer Software)(4), 324.054 (Other Prohibited Conduct), and 324.055 (Unauthorized Creation Of, Access To, or Use of Zombies or Botnets; Private Action) do not apply to a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service that monitors or has interaction with a subscriber’s Internet or other network connection or service or a protected computer for:

(1)

a network or computer security purpose;

(2)

diagnostics, technical support, or a repair purpose;

(3)

an authorized update of computer software or system firmware;

(4)

authorized remote system management; or

(5)

detection or prevention of unauthorized use of or fraudulent or other illegal activity in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter.

(b)

This chapter does not apply to:

(1)

the use of a navigation device, any interaction with a navigation device, or the installation or use of computer software on a navigation device by a multichannel video programming distributor, as defined by 47 U.S.C. Section 522(13), or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the provision of the programming or other service is subject to 47 U.S.C. Section 338(i) or 551; or

(2)

the collection or disclosure of subscriber information by a multichannel video programming distributor, as defined by 47 U.S.C. Section 522(13), or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the collection or disclosure of the information is subject to 47 U.S.C. Section 338(i) or 551.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 718 (S.B. 28), Sec. 2, eff. September 1, 2009.

Source: Section 324.003 — Exceptions to Applicability of Chapter, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­324.­htm#324.­003 (accessed May 18, 2024).

Accessed:
May 18, 2024

§ 324.003’s source at texas​.gov