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.