By: Rosson S.B. No. 299 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of a telecommunications utility to offer 1-2 caller identification services and to the definition of an offense. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article XIII, Public Utility Regulatory Act 1-5 (Article 1446c, Vernon's Texas Civil Statutes), is amended by 1-6 adding Section 87C to read as follows: 1-7 Sec. 87C. (a) Caller identification services may not be 1-8 offered without written authorization from the commission. The 1-9 commission may not authorize the offering of caller identification 1-10 services unless the applicant provides the service on a default 1-11 per-line blocking basis and unless the default per-line blocking 1-12 component of the service is offered at no charge to the subscriber 1-13 or the public. 1-14 (b) In this section, "caller identification services" means 1-15 those services offered by a telecommunications utility or other 1-16 person that permit subscribers to receive a transmission of the 1-17 calling party's identifying information, including calling party 1-18 name and telephone number information. 1-19 (c) In this section, "per-line blocking" means a 1-20 telecommunications service that prevents the transmission of 1-21 calling party identification information to a called party on every 1-22 call unless the calling party acts affirmatively to release the 1-23 calling party's identification. 2-1 SECTION 2. Subdivision (14), Article 18.21, Code of Criminal 2-2 Procedure, is amended to read as follows: 2-3 (14) "Trap and trace device" means a mechanical or 2-4 electronic device that attaches to a telephone line and is capable 2-5 of recording an incoming electronic or other impulse that 2-6 identifies the originating number of an instrument or device from 2-7 which a wire or electronic communication was transmitted. Devices 2-8 used in conjunction with the authorized offering of caller 2-9 identification services, as provided by Section 87C, Public Utility 2-10 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), do 2-11 not constitute trap and trace devices. 2-12 SECTION 3. Subsections (a), (c), and (d), Section 16.03, 2-13 Penal Code, are amended to read as follows: 2-14 (a) Except as authorized by a court order obtained under 2-15 Article 18.21, Code of Criminal Procedure, or in an emergency under 2-16 the circumstances described and permitted under that article or by 2-17 an order of the Public Utility Commission authorizing the offering 2-18 of caller identification services pursuant to Section 87C, Public 2-19 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil 2-20 Statutes), a person commits an offense if he knowingly installs or 2-21 utilizes a pen register or trap and trace device to record 2-22 telephone numbers dialed from or to a telephone instrument. 2-23 (c) It is an exception to the application of Subsection (a) 2-24 of this section that an officer, employee, or agent of a 2-25 communications common carrier, as defined by Article 18.21, Code of 3-1 Criminal Procedure, installs or utilizes a device or equipment to 3-2 record the numbers dialed from or to a telephone instrument in the 3-3 normal course of business of the carrier, for the protection of 3-4 property or services provided by the carrier, or assists an 3-5 authorized peace officer in executing an order issued under Article 3-6 18.21, Code of Criminal Procedure. This subsection does not except 3-7 the use of trap and trace devices in conjunction with the 3-8 unauthorized offering of caller identification services. 3-9 (d) It is an exception to the application of Subsection (a) 3-10 of this section that the installation or utilization of a pen 3-11 register or trap and trace device was made by an officer, agent, or 3-12 employee of a lawful enterprise while engaged in an activity that 3-13 is a necessary incident to the rendition of service or to the 3-14 protection of property of or services provided by the enterprise, 3-15 and was not made for the purpose of gathering information for a law 3-16 enforcement agency or private investigative agency, other than 3-17 information related to the theft of communication or information 3-18 services provided by the enterprise. This subsection does not 3-19 except the use of trap and trace devices in conjunction with the 3-20 unauthorized offering of caller identification services. 3-21 SECTION 4. (a) The change in law made by this Act applies 3-22 only to an offense committed on or after the effective date of this 3-23 Act. For purposes of this section, an offense is committed before 3-24 the effective date of this Act if any element of the offense occurs 3-25 before that date. 4-1 (b) An offense committed before the effective date of this 4-2 Act is covered by the law in effect when the offense was committed, 4-3 and the former law is continued in effect for this purpose. 4-4 SECTION 5. This Act takes effect September 1, 1993. 4-5 SECTION 6. The importance of this legislation and the 4-6 crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended.