By Bosse H.B. No. 474
74R2719 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain intercepted wire, oral, or
1-3 electronic communications.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(4), Article 18.20, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (4) "Electronic, mechanical, or other device" means a
1-8 device that may be used for the <nonconsensual> interception of
1-9 wire, oral, or electronic communications. The term does not
1-10 include a telephone or telegraph instrument, the equipment or a
1-11 facility used for the transmission of electronic communications, or
1-12 a component of the equipment or a facility used for the
1-13 transmission of electronic communications if the instrument,
1-14 equipment, facility, or component is:
1-15 (A) furnished to the subscriber or user by a
1-16 provider of wire or electronic communications service in the
1-17 ordinary course of the provider's business and being used by the
1-18 subscriber or user in the ordinary course of its business;
1-19 (B) furnished by a subscriber or user for
1-20 connection to the facilities of a wire or electronic communications
1-21 service for use in the ordinary course of the subscriber's or
1-22 user's business;
1-23 (C) being used by a communications common
1-24 carrier in the ordinary course of its business; or
2-1 (D) being used by an investigative or law
2-2 enforcement officer in the ordinary course of the officer's duties.
2-3 SECTION 2. Section 5, Article 18.20, Code of Criminal
2-4 Procedure, is amended to read as follows:
2-5 Sec. 5. CONTROL OF CERTAIN INTERCEPTING DEVICES. (a) Only
2-6 the Department of Public Safety is authorized by this article to
2-7 own, possess, install, operate, or monitor an electronic,
2-8 mechanical, or other device designed or used for the nonconsensual
2-9 interception of a wire, oral, or electronic communication. The
2-10 Department of Public Safety may be assisted by an investigative or
2-11 law enforcement officer in the operation and monitoring of an
2-12 interception of wire, oral, or electronic communications, provided
2-13 that a commissioned officer of the Department of Public Safety is
2-14 present at all times.
2-15 (b) The director shall designate in writing the commissioned
2-16 officers of the Department of Public Safety who are responsible for
2-17 the possession, installation, operation, and monitoring of
2-18 electronic, mechanical, or other devices for the department.
2-19 SECTION 3. Section 17(a), Article 18.20, Code of Criminal
2-20 Procedure, is amended to read as follows:
2-21 (a) It is an exception to the application of Section 16
2-22 that:
2-23 (1) an operator of a switchboard or an officer,
2-24 employee, or agent of a communication common carrier or provider of
2-25 wire or electronic communications service whose facilities are used
2-26 in the transmission of a wire or electronic communication
2-27 intercepts a communication or discloses or uses an intercepted
3-1 communication in the normal course of employment while engaged in
3-2 an activity that is a necessary incident to the rendition of
3-3 service or to the protection of the rights or property of the
3-4 provider or carrier of the communication, unless the interception
3-5 results from the communication common carrier's or provider of wire
3-6 or electronic communications service's use of service observing or
3-7 random monitoring for purposes other than mechanical or service
3-8 quality control checks;
3-9 (2) an officer, employee, or agent of a communication
3-10 common carrier or provider of wire or electronic communications
3-11 service provides information, facilities, or technical assistance
3-12 to an investigative or law enforcement officer who is authorized as
3-13 provided by this article to intercept a wire, oral, or electronic
3-14 communication;
3-15 (3) a person acting under color of law intercepts a
3-16 wire, oral, or electronic communication if the person is a party to
3-17 the communication or if one of the parties to the communication has
3-18 given prior consent to the interception; <or>
3-19 (4) a person not acting under color of law intercepts
3-20 a wire, oral, or electronic communication if the person is a party
3-21 to the communication or if one of the parties to the communication
3-22 has given prior consent to the interception unless the
3-23 communication is intercepted for the purpose of committing any
3-24 criminal or tortious act in violation of the constitution or laws
3-25 of the United States or of this state or for the purpose of
3-26 committing any other injurious act; or
3-27 (5) a person, with the consent of a party to the
4-1 communication, intercepts a wire, oral, or electronic communication
4-2 through the use of an electronic, mechanical, or other device.
4-3 SECTION 4. This Act takes effect September 1, 1995.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.