Enrolled Bill Summary

            House Bill 2474 amends provisions of the Penal Code and the Code of Criminal Procedure relating to electronic surveillance. The bill expands the affirmative defense to prosecution for the offense of unlawful interception, use, or disclosure of a wire, oral, or electronic communication if a person who was acting under the color of law intercepts a wire, oral, or electronic communication under certain conditions. The bill authorizes an investigative or law enforcement officer to disclose the contents of a wire, oral, or electronic communication to a federal law enforcement officer or agent, or to a law enforcement officer or agent of another state. The bill provides that a peace officer may obtain consent for the emergency installation and use of interception devices from a district judge in the county where the device will be installed or a judge or justice of the court of appeals or of a higher court, rather than a magistrate, and establishes the expiration of the consent. The bill defines "computer trespasser" and "protected computer" and expands the definitions of "ESN reader," "mobile tracking device," "pen register," and "trap and trace device." The bill authorizes a prosecutor to file an application for the installation and use of certain interception equipment under federal law, rather than only state law. The bill establishes that a computer trespasser or a user, aggrieved person, subscriber, or customer of a communications common carrier or electronic communications service does not have a cause of action against the carrier or service for providing information, facilities, or assistance as required by a good faith reliance on legislative authority or a court order, warrant, subpoena, or certification.