By Nixon                                               S.B. No. 322
       74R1204 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to extensions of orders for pen registers or trap and
    1-3  trace devices.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(f), Article 18.21, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        (f)  An order for the installation and utilization of a pen
    1-8  register or trap and trace device is valid for not more than 30
    1-9  days after the date the device is installed or after 10 days after
   1-10  the date the order is entered, whichever occurs first, unless prior
   1-11  to the expiration of the order the attorney for the state applies
   1-12  for and obtains from the court an extension of the order.  The
   1-13  period of extension may not exceed 30 days for each extension
   1-14  granted, except that with the consent of the subscriber or customer
   1-15  of the service on which the pen register or trap and trace device
   1-16  is utilized, the court may extend an order for a period not to
   1-17  exceed one year.
   1-18        SECTION 2.  The importance of this legislation and the
   1-19  crowded condition of the calendars in both houses create an
   1-20  emergency and an imperative public necessity that the
   1-21  constitutional rule requiring bills to be read on three several
   1-22  days in each house be suspended, and this rule is hereby suspended,
   1-23  and that this Act take effect and be in force from and after its
   1-24  passage, and it is so enacted.