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.