By:  Eckels                                           H.B. No. 2086
       73R2610 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 customer or subscriber of a communications common
    1-4  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 adding
    1-7  Subsection (g) to read as follows:
    1-8        (g)  It is an exception to the application of Subsection (a)
    1-9  of this section that a customer or subscriber of a communications
   1-10  common carrier installs or utilizes a device or equipment to record
   1-11  caller identification information from an internal telephone call
   1-12  made by another telephone instrument owned or used by the customer
   1-13  or subscriber.
   1-14        SECTION 2.  (a)  The change in law made by this Act applies
   1-15  only to an offense committed on or after the effective date of this
   1-16  Act.  For purposes of this section, an offense is committed before
   1-17  the effective date of this Act if any element of an offense occurs
   1-18  before that date.
   1-19        (b)  An offense committed before the effective date of this
   1-20  Act is covered by the law in effect when the offense was committed,
   1-21  and the former law is continued in effect for this purpose.
   1-22        SECTION 3.  This Act takes effect September 1, 1993.
   1-23        SECTION 4.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.