By:  Sibley                                           S.B. No. 1158
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the use of caller I.D. service by Commercial Mobile
    1-2  Radio Service providers licensed by the Federal Communication
    1-3  Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 18.21 Sec. (14) of the CODE OF CRIMINAL
    1-6  PROCEDURE is amended to read as follows:
    1-7        "Trap and trace device" means a mechanical or electronic
    1-8  device that attaches to a telephone line and is capable of
    1-9  recording an incoming electronic or other impulse that identifies
   1-10  the originating number of an instrument or device form which a wire
   1-11  or electronic communications was transmitted.  The term does not
   1-12  include a device or telecommunications network used in providing
   1-13  either:  (1) a caller identification service authorized by the
   1-14  Public Utility Commission of Texas under Section 87C, Public
   1-15  Utility Regulatory Act (Article 1446, Vernon's Texas Civil
   1-16  Statutes); or (2) the services referenced in Subsection (g),
   1-17  Section 87C, Public Utility Regulatory Act (Article 1446c, Vernon's
   1-18  Texas Civil Statutes); or (3) a caller identification service
   1-19  provided by Commercial Mobile Radio Service provider licensed by
   1-20  the Federal Communication Commission.
   1-21        SECTION 2.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.