Theft of Trade Secrets

Sec. 31.05.  THEFT OF TRADE SECRETS.  (a)  For purposes of this section:

(1)  “Article” means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.

(2)  “Copy” means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.

(3)  “Representing” means describing, depicting, containing, constituting, reflecting, or recording.

(4)  “Trade secret” means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.

(b)  A person commits an offense if, without the owner’s effective consent, he knowingly:

(1)  steals a trade secret;

(2)  makes a copy of an article representing a trade secret;  or

(3)  communicates or transmits a trade secret.

(c)  An offense under this section is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.