Texas Business and Commerce Code 324.002 – Definitions
Terms Used In Texas Business and Commerce Code 324.002
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
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.
(1-a) “Botnet” means a collection of two or more zombies.
(2) “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.
(3) “Damage,” with respect to a computer, means significant impairment to the integrity or availability of data, computer software, a system, or information.
(4) “Execute,” with respect to computer software, means to perform a function or carry out instructions.
(5) “Keystroke-logging function” means a function of a computer software program that:
(A) records all keystrokes made by a person using a computer; and
(B) transfers that information from the computer to another person.
(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.
(7) “Person” means an individual, partnership, corporation, limited liability company, or other organization, or a combination of those organizations.
(8) “Personally identifiable information,” with respect to an individual who is the owner or operator of a computer, means:
(A) a first name or first initial in combination with a 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.
(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.