In this chapter:

1. (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. (1-a) "Botnet" means a collection of two or more zombies.

3. (2) "Computer software" means a sequence of instructions written in a programming language that is executed on a computer. The term does not include:

   1. (A) a web page; or
   2. (B) a data component of a web page that cannot be executed independently of that page.
4. (3) "Damage," with respect to a computer, means significant impairment to the integrity or availability of data, computer software, a system, or information.
5. (4) "Execute," with respect to computer software, means to perform a function or carry out instructions.

6. (5) "Keystroke-logging function" means a function of a computer software program that:

   1. (A) records all keystrokes made by a person using a computer; and
   2. (B) transfers that information from the computer to another person.
7. (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.
8. (7) "Person" means an individual, partnership, corporation, limited liability company, or other organization, or a combination of those organizations.

9. (8) "Personally identifiable information," with respect to an individual who is the owner or operator of a computer, means:

   1. (A) a first name or first initial in combination with a last name;
   2. (B) a home or other physical address, including street name;
   3. (C) an electronic mail address;
   4. (D) a credit or debit card number;
   5. (E) a bank account number;
   6. (F) a password or access code associated with a credit or debit card or bank account;
   7. (G) a social security number, tax identification number, driver's license number, passport number, or other government-issued identification number; or

   8. (H) any of the following information if the information alone or in combination with other information personally identifies the individual:

      1. (i) account balances;
      2. (ii) overdraft history; or
      3. (iii) payment history.
10. (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.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 718 (S.B. 28), Sec. 1, eff. September 1, 2009.