By:  Saunders                                         H.B. No. 1159
       73R2152 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the installation or use of a pen register or a trap and
    1-3  trace device by a communications common carrier or a customer or
    1-4  subscriber of the carrier.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 16.03, Penal Code, is amended by amending
    1-7  Subsection (c) and by adding Subsection (g) to read as follows:
    1-8        (c)  It is an exception to the application of Subsection (a)
    1-9  of this section that an officer, employee, or agent of a
   1-10  communications common carrier, as defined by Article 18.21, Code of
   1-11  Criminal Procedure installs or utilizes a device or equipment to
   1-12  record caller identification information or the numbers dialed from
   1-13  or to a telephone instrument:
   1-14              (1)  in the normal course of business of the carrier,
   1-15  for the protection of property or services provided by the carrier;
   1-16              (2)  with the consent of the customer or subscriber of
   1-17  the communications common carrier who owns or uses the telephone
   1-18  instrument; or
   1-19              (3)  to assist<, or assists> an authorized peace
   1-20  officer in executing an order issued under Article 18.21, Code of
   1-21  Criminal Procedure.
   1-22        (g)  It is an exception to the application of Subsection (a)
   1-23  of this section that:
   1-24              (1)  a customer or subscriber of a communications
    2-1  common carrier installs or utilizes a device or equipment to record
    2-2  caller identification information or the numbers dialed from or to
    2-3  a telephone instrument owned or used by the customer or subscriber;
    2-4  or
    2-5              (2)  a person, other than a communications common
    2-6  carrier, who owns or uses a telephone instrument from which numbers
    2-7  are dialed or to which numbers are dialed consents to the use of
    2-8  the device or equipment.
    2-9        SECTION 2.  (a)  The change in law made by this Act applies
   2-10  only to an offense committed on or after the effective date of this
   2-11  Act.  For purposes of this section, an offense is committed before
   2-12  the effective date of this Act if any element of an offense occurs
   2-13  before that date.
   2-14        (b)  An offense committed before the effective date of this
   2-15  Act is covered by the law in effect when the offense was committed,
   2-16  and the former law is continued in effect for this purpose.
   2-17        SECTION 3.  This Act takes effect September 1, 1993.
   2-18        SECTION 4.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.