By: Armbrister S.B. No. 1319
A BILL TO BE ENTITLED
AN ACT
1-1 relating to rural communications; authorizing civil damages; and
1-2 conforming certain laws to federal law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivisions (1), (14), (15), and (19), Section
1-5 1, Article 18.20, Code of Criminal Procedure, are amended to read
1-6 as follows:
1-7 (1) "Wire communication" means an aural transfer made
1-8 in whole or in part through the use of facilities for the
1-9 transmission of communications by the aid of wire, cable, or other
1-10 like connection between the point of origin and the point of
1-11 reception, including the use of such a connection in a switching
1-12 station, furnished or operated by a person authorized to engage in
1-13 providing or operating the facilities for the transmission of
1-14 communications as a communications common carrier. The term
1-15 includes the electronic storage of a wire communication<, but does
1-16 not include the radio portion of a cordless telephone communication
1-17 that is transmitted between the cordless telephone handset and its
1-18 base unit>.
1-19 (14) "Pen register" means a <mechanical or electronic>
1-20 device that records or decodes electronic or other impulses which
1-21 identify the numbers dialed or otherwise transmitted on the
1-22 <attaches to a> telephone line to which the device is attached.
1-23 The term does not include a device used by a provider or customer
2-1 of:
2-2 (A) a wire or electronic communication service
2-3 for billing, or recording as an incident to billing, for
2-4 communication services of the provider; or
2-5 (B) a wire communication service for cost
2-6 accounting, security control, or other similar purposes in the
2-7 ordinary course of its business <and is capable of recording
2-8 outgoing numbers dialed from that line but is not capable of
2-9 recording the origin of an incoming communication to that line or
2-10 the content of a communication carried between that line and
2-11 another line>.
2-12 (15) "Electronic communication" means a transfer of
2-13 signs, signals, writing, images, sounds, data, or intelligence of
2-14 any nature transmitted in whole or in part by a wire, radio,
2-15 electromagnetic, photoelectronic, or photo-optical system. The
2-16 term does not include:
2-17 (A) <the radio portion of a cordless telephone
2-18 communication that is transmitted between the cordless telephone
2-19 handset and its base unit;>
2-20 <(B)> a wire or oral communication;
2-21 (B) <(C)> a communication made through a
2-22 tone-only paging device; or
2-23 (C) <(D)> a communication from a tracking
2-24 device.
2-25 (19) "Readily accessible to the general public" means,
3-1 with respect to a radio communication, a communication that is not:
3-2 (A) scrambled or encrypted;
3-3 (B) transmitted using modulation techniques
3-4 whose essential parameters have been withheld from the public with
3-5 the intention of preserving the privacy of the communication; <or>
3-6 (C) carried on a subcarrier or other signal
3-7 subsidiary to a radio transmission;
3-8 (D) transmitted over:
3-9 (i) frequencies reserved for private use
3-10 and licensed for private use under federal or state law, other than
3-11 a tone-only paging device communication; or
3-12 (ii) transmitted over a communication
3-13 system provided by a common carrier, other than a tone-only paging
3-14 device communication; or
3-15 (E) an electronic communication.
3-16 SECTION 2. Section 16, Article 18.20, Code of Criminal
3-17 Procedure, is amended to read as follows:
3-18 Sec. 16. Recovery of Civil Damages Authorized. (a) A
3-19 person whose wire, oral, or electronic communication is
3-20 intercepted, disclosed, or used in violation of this article or
3-21 Chapter 16, Penal Code, has a civil cause of action against any
3-22 person who has intercepted, disclosed, or used the communication or
3-23 solicited <intercepts, discloses, or uses or procures> another
3-24 <person> to intercept, disclose, or use the communication. The
3-25 person whose communication was intercepted, disclosed, or used
4-1 <and> is entitled to recover from the person who intercepted,
4-2 disclosed, or used the communication:
4-3 (1) actual damages but not less than liquidated
4-4 damages computed at a rate of $100 a day for each day of violation
4-5 or $1,000, whichever is higher;
4-6 (2) punitive damages; and
4-7 (3) a reasonable attorney's fee and other litigation
4-8 costs reasonably incurred.
4-9 (b) A good faith reliance on a court order or legislative
4-10 authorization constitutes a complete defense to an <any civil or
4-11 criminal> action brought under this section <article>.
4-12 (c) A person shall be subject to suit by the federal or
4-13 state government in a court of competent jurisdiction for
4-14 appropriate injunctive relief if the person engages in conduct
4-15 that:
4-16 (1) would constitute an offense under Section
4-17 16.05(b), Penal Code, that is not for a tortious, criminal, or
4-18 other illegal purpose or for the purpose of direct or indirect
4-19 commercial advantage or private commercial gain; and
4-20 (2) involves a radio communication that:
4-21 (A) is transmitted on frequencies allocated
4-22 under 47 C.F.R., Part 25, Subpart D, or 47 C.F.R., Part 74 of the
4-23 rules of the Federal Communications Commission; and
4-24 (B) is not scrambled or encrypted.
4-25 (d) If it is shown on the trial of the civil suit that the
5-1 defendant has been convicted of an offense under Section 16.05(b),
5-2 Penal Code, or that the defendant has been found liable in a civil
5-3 action under Subsection (c) of this section, the court shall impose
5-4 a civil penalty of $500 in addition to granting injunctive relief.
5-5 (e) A court may enforce an injunction issued under this
5-6 section, including a fine for contempt of court. A fine under this
5-7 subsection shall be not less than $500 for each violation of the
5-8 injunction.
5-9 SECTION 3. Section 17, Article 18.20, Code of Criminal
5-10 procedure, is amended to read as follows:
5-11 Sec. 17. Exceptions. This article <(a) It is an exception
5-12 to the application of Section 16 that:>
5-13 <(1) an operator of a switchboard or an officer,
5-14 employee, or agent of a communication common carrier or provider of
5-15 wire or electronic communications service whose facilities are used
5-16 in the transmission of a wire or electronic communication
5-17 intercepts a communication or discloses or uses an intercepted
5-18 communication in the normal course of employment while engaged in
5-19 an activity that is a necessary incident to the rendition of
5-20 service or to the protection of the rights or property of the
5-21 provider or carrier of the communication, unless the interception
5-22 results from the communication common carrier's or provider of wire
5-23 or electronic communications service's use of service observing or
5-24 random monitoring for purposes other than mechanical or service
5-25 quality control checks;>
6-1 <(2) an officer, employee, or agent of a communication
6-2 common carrier or provider of wire or electronic communications
6-3 service provides information, facilities, or technical assistance
6-4 to an investigative or law enforcement officer who is authorized as
6-5 provided by this article to intercept a wire, oral, or electronic
6-6 communication;>
6-7 <(3) a person acting under color of law intercepts a
6-8 wire, oral, or electronic communication if the person is a party to
6-9 the communication or if one of the parties to the communication has
6-10 given prior consent to the interception; or>
6-11 <(4) a person not acting under color of law intercepts
6-12 a wire, oral, or electronic communication if the person is a party
6-13 to the communication or if one of the parties to the communication
6-14 has given prior consent to the interception unless the
6-15 communication is intercepted for the purpose of committing any
6-16 criminal or tortious act in violation of the constitution or laws
6-17 of the United States or of this state or for the purpose of
6-18 committing any other injurious act.>
6-19 <(b) Article 18.20 of this code> does not apply to conduct
6-20 described as an affirmative defense under Section 16.02<(c)(5)>,
6-21 Penal Code.
6-22 SECTION 4. Section 1, Article 18.21, Code of Criminal
6-23 Procedure, is amended to read as follows:
6-24 Sec. 1. Definitions. In this article:
6-25 (1) "Aural transfer," "communication common carrier,"
7-1 "electronic communication," "electronic communications service,"
7-2 "electronic communications system," "electronic storage," "pen
7-3 register," "readily accessible to the general public," and "user,"
7-4 have the meanings given those terms in Article 18.20 <means a
7-5 transfer containing the human voice at any point between and
7-6 including the point of origin and the point of reception>.
7-7 (2) "Authorized peace officer" means:
7-8 (A) a sheriff or a sheriff's deputy;
7-9 (B) a constable or deputy constable;
7-10 (C) a marshal or police officer of an
7-11 incorporated city, town, or village;
7-12 (D) a ranger or officer commissioned by the
7-13 Public Safety Commission or the director of the Department of
7-14 Public Safety;
7-15 (E) an investigator of the district attorney's,
7-16 criminal district attorney's, or county attorney's office;
7-17 (F) a law enforcement agent of the Alcoholic
7-18 Beverage Commission; or
7-19 (G) a law enforcement officer commissioned by
7-20 the Parks and Wildlife Commission.
7-21 (3) "Communications common carrier" means a
7-22 communication common carrier <person engaged as a common carrier
7-23 for hire in the transmission of wire or electronic communications>.
7-24 (4) "Department" means the Department of Public
7-25 Safety.
8-1 <(5) "Electronic communication" means a transfer of
8-2 signs, signals, writing, images, sounds, data, or intelligence of
8-3 any nature transmitted in whole or in part by a wire, radio,
8-4 electromagnetic, photoelectronic, or photo-optical system. The
8-5 term does not include:>
8-6 <(A) the radio portion of a cordless telephone
8-7 communication that is transmitted between the cordless telephone
8-8 handset and its base unit;>
8-9 <(B) a wire or oral communication;>
8-10 <(C) a communication made through a tone-only
8-11 paging device; or>
8-12 <(D) a communication from a tracking device.>
8-13 <(6) "Electronic communications service" means a
8-14 service that provides to users of the service the ability to send
8-15 or receive wire or electronic communications.>
8-16 <(7) "Electronic communications system" means a wire,
8-17 radio, electromagnetic, photo-optical or photoelectronic facility
8-18 for the transmission of wire or electronic communications, and any
8-19 computer facility or related electronic equipment for the
8-20 electronic storage of those communications.>
8-21 <(8) "Electronic storage" means:>
8-22 <(A) a temporary, intermediate storage of a wire
8-23 or electronic communication that is incidental to the electronic
8-24 transmission of the communication; or>
8-25 <(B) storage of a wire or electronic
9-1 communication by an electronic communications service for purposes
9-2 of backup protection of the communication.>
9-3 <(9) "Pen register" means a mechanical or electronic
9-4 device that attaches to a telephone line and is capable of
9-5 recording outgoing numbers dialed from that line but is not capable
9-6 of recording the origin of an incoming communication to that line
9-7 or the content of a communication carried between that line and
9-8 another line.>
9-9 <(10) "Readily accessible to the general public"
9-10 means, with respect to a radio communication, a communication that
9-11 is not:>
9-12 <(A) scrambled or encrypted;>
9-13 <(B) transmitted using modulation techniques
9-14 whose essential parameters have been withheld from the public with
9-15 the intention of preserving the privacy of the communication; or>
9-16 <(C) transmitted over frequencies reserved for
9-17 private use and licensed for private use under federal or state
9-18 law, other than a tone-only paging device communication.>
9-19 (5) <(11)> "Remote computing service" means the
9-20 provision to the public of computer storage or processing services
9-21 by means of an electronic communications system.
9-22 (6) <(12)> "Supervisory official" means:
9-23 (A) an investigative agent or an assistant
9-24 investigative agent who is in charge of an investigation;
9-25 (B) an equivalent person at an investigating
10-1 agency's headquarters or regional office; and
10-2 (C) the principal prosecuting attorney of the
10-3 state or of a political subdivision of the state or the first
10-4 assistant or chief assistant prosecuting attorney in the office of
10-5 either.
10-6 (7) <(13)> "Tracking device" means an electronic or
10-7 mechanical device that permits only tracking the movement of a
10-8 person or object.
10-9 (8) <(14)> "Trap and trace device" means a <mechanical
10-10 or electronic> device that captures the <attaches to a telephone
10-11 line and is capable of recording an> incoming electronic or other
10-12 impulses which identify <impulse that identifies> the originating
10-13 number of an instrument or device from which a wire or electronic
10-14 communication was transmitted. The term does not include a device
10-15 or telecommunications network used in providing either:
10-16 (A) <(1)> a caller identification service
10-17 authorized by the Public Utility Commission of Texas under Section
10-18 87C, Public Utility Regulatory Act (Article 1446c, Vernon's Texas
10-19 Civil Statutes); or
10-20 (B) <(2)> the services referenced in Subsection
10-21 (g), Section 87C, Public Utility Regulatory Act (Article 1446c,
10-22 Vernon's Texas Civil Statutes).
10-23 <(15) "User" means a person who uses an electronic
10-24 communications service and is authorized by the provider of the
10-25 service to use the service.>
11-1 <(16) "Wire communication" means an aural transfer
11-2 made in whole or in part through the use of facilities for the
11-3 transmission of communications by the aid of wire, cable, or other
11-4 like connection between the point of origin and the point of
11-5 reception, including the use of such a connection in a switching
11-6 station, furnished or operated by a person authorized to engage in
11-7 providing or operating the facilities for the transmission of
11-8 communications as a communications common carrier. The term
11-9 includes the electronic storage of a wire communication but does
11-10 not include the radio portion of a cordless telephone communication
11-11 that is transmitted between the cordless telephone handset and its
11-12 base unit.>
11-13 SECTION 5. Section 3, Article 18.21, Code of Criminal
11-14 Procedure, is amended to read as follows:
11-15 Sec. 3. Emergency pen register and trap and trace
11-16 installation. (a) An authorized peace officer, designated by <the
11-17 director of the department or by> the district or criminal district
11-18 attorney of the county where the installation will be used, may
11-19 install and use a pen register or trap and trace device if the
11-20 peace officer reasonably believes that:
11-21 (1) an emergency requiring the installation of a pen
11-22 register or trap and trace device before an order authorizing the
11-23 installation and use can, with due diligence, be obtained, exists
11-24 involving immediate danger of death or serious injury to any
11-25 person; and
12-1 (2) there are grounds under this article on which an
12-2 order could be entered to authorize the installation and use of a
12-3 pen register or trap and trace device.
12-4 (b) If an authorized peace officer installs a pen register
12-5 or trap and trace device under Subsection (a) of this section, the
12-6 peace officer shall apply for and <must> obtain an order approving
12-7 installation and use within 48 hours after initiating the
12-8 installation <occurred>. If authorization is not obtained within
12-9 <those> 48 hours, the officer shall immediately terminate use of
12-10 the pen register or <the> trap and trace device <shall immediately
12-11 terminate> at the end <lapse> of the 48 hours or at the time the
12-12 order is denied, whichever is earlier.
12-13 (c) <The knowing installation or use by an authorized peace
12-14 officer of a pen register or trap and trace device under this
12-15 section without application for the authorizing order within 48
12-16 hours of the installation is not permitted and is not an exception
12-17 to the application of Section 16.03, Penal Code.>
12-18 <(d)> The state may not use as evidence in a <any
12-19 subsequent> criminal proceeding any information gained through the
12-20 use of a pen register or trap and trace device installed <issued>
12-21 under <Subsection (b) of> this section if authorization for the pen
12-22 register or trap and trace device is denied.
12-23 SECTION 6. Article 18.21, Code of Criminal Procedure, is
12-24 amended by adding Section 16 to read as follows:
12-25 Sec. 16. LIMITATION. A government agency authorized to
13-1 install and use a pen register under this chapter or under other
13-2 law shall use reasonably available technology to restrict the
13-3 recording or decoding of electronic or other impulses to the
13-4 dialing and signaling information utilized in call processing.
13-5 SECTION 7. Subsection (c), Section 16.02, Penal Code, is
13-6 amended to read as follows:
13-7 (c) It is an affirmative defense to prosecution under
13-8 Subsection (b) that:
13-9 (1) an operator of a switchboard or an officer,
13-10 employee, or agent of a communication common carrier whose
13-11 facilities are used in the transmission of a wire or electronic
13-12 communication intercepts a communication or discloses or uses an
13-13 intercepted communication in the normal course of employment while
13-14 engaged in an activity that is a necessary incident to the
13-15 rendition of service or to the protection of the rights or property
13-16 of the carrier of the communication, unless the interception
13-17 results from the communication common carrier's use of service
13-18 observing or random monitoring for purposes other than mechanical
13-19 or service quality control checks;
13-20 (2) an officer, employee, or agent of a communication
13-21 common carrier provides information, facilities, or technical
13-22 assistance to an investigative or law enforcement officer who is
13-23 authorized as provided by this article to intercept a wire, oral,
13-24 or electronic communication;
13-25 (3) a person acting under color of law intercepts a
14-1 wire, oral, or electronic communication if the person is a party to
14-2 the communication or if one of the parties to the communication has
14-3 given prior consent to the interception;
14-4 (4) a person not acting under color of law intercepts
14-5 a wire, oral, or electronic communication if the person is a party
14-6 to the communication or if one of the parties to the communication
14-7 has given prior consent to the interception unless the
14-8 communication is intercepted for the purpose of committing any
14-9 criminal or tortious act in violation of the constitution or laws
14-10 of the United States or of this state or for the purpose of
14-11 committing any other injurious act;
14-12 (5) a person acting under color of law intercepts a
14-13 wire, oral, or electronic communication if:
14-14 (A) prior oral or written consent for the
14-15 interception has been given by a magistrate;
14-16 (B) an immediate life-threatening situation
14-17 exists;
14-18 (C) the person is a member of a law enforcement
14-19 unit specially trained to:
14-20 (i) respond to and deal with
14-21 life-threatening situations; or
14-22 (ii) install electronic, mechanical, or
14-23 other devices; and
14-24 (D) the interception ceases immediately on
14-25 termination of the life-threatening situation;
15-1 (6) an officer, employee, or agent of the Federal
15-2 Communications Commission intercepts a communication transmitted by
15-3 radio or discloses or uses an intercepted communication in the
15-4 normal course of employment and in the discharge of the monitoring
15-5 responsibilities exercised by the Federal Communications Commission
15-6 in the enforcement of Chapter 5, Title 47, United States Code;
15-7 (7) a person intercepts or obtains access to an
15-8 electronic communication that was made through an electronic
15-9 communication system that is configured to permit the communication
15-10 to be readily accessible to the general public;
15-11 (8) a person intercepts radio communication, other
15-12 than a cordless telephone communication transmitted between the
15-13 cordless telephone handset and the base unit, that is transmitted:
15-14 (A) by a station for the use of the general
15-15 public;
15-16 (B) to ships, aircraft, vehicles, or persons in
15-17 distress;
15-18 (C) by a governmental, law enforcement, civil
15-19 defense, private land mobile, or public safety communications
15-20 system that is readily accessible to the general public;
15-21 (D) by a station operating on an authorized
15-22 frequency within the bands allocated to the amateur, citizens band,
15-23 or general mobile radio services; or
15-24 (E) by a marine or aeronautical communications
15-25 system;
16-1 (9) a person intercepts a wire or electronic
16-2 communication the transmission of which causes harmful interference
16-3 to a lawfully operating station or consumer electronic equipment,
16-4 to the extent necessary to identify the source of the interference;
16-5 (10) a user of the same frequency intercepts a radio
16-6 communication made through a system that uses frequencies monitored
16-7 by individuals engaged in the provision or the use of the system,
16-8 if the communication is not scrambled or encrypted; or
16-9 (11) a provider of electronic communications service
16-10 records the fact that a wire or electronic communication was
16-11 initiated or completed in order to protect the provider, another
16-12 provider furnishing service towards the completion of the
16-13 communication, or a user of that service from fraudulent, unlawful,
16-14 or abusive use of the service.
16-15 SECTION 8. Section 16.03, Penal Code, is amended to read as
16-16 follows:
16-17 Sec. 16.03. Unlawful Use of Pen Register or Trap and Trace
16-18 Device. (a) A <Except as authorized by a court order obtained
16-19 under Article 18.21, Code of Criminal Procedure, or in an emergency
16-20 under the circumstances described and permitted under that article,
16-21 a> person commits an offense if the person intentionally or <he>
16-22 knowingly installs or uses <utilizes> a pen register or trap and
16-23 trace device <to record telephone numbers dialed from or to a
16-24 telephone instrument>.
16-25 (b) In this section, "authorized peace officer,"
17-1 "communications common carrier," "pen register," and "trap and
17-2 trace device" have the meanings assigned by Article 18.21, Code of
17-3 Criminal Procedure.
17-4 (c) It is an affirmative defense to prosecution under this
17-5 section <exception to the application of Subsection (a)> that the
17-6 installation or use was made:
17-7 (1) by an officer, employee, or agent of a
17-8 communications common carrier <installs or utilizes a device or
17-9 equipment> to record a number <the numbers> dialed from or to a
17-10 telephone instrument in the normal course of business of the
17-11 carrier for the purpose of:
17-12 (A) protecting<, for the protection of> property
17-13 or services provided by the carrier; or
17-14 (B) assisting another whom the person reasonably
17-15 believed to have been<, or assists> an authorized peace officer
17-16 acting lawfully <in executing an order issued> under Article 18.21,
17-17 Code of Criminal Procedure;<.>
17-18 (2) <(d) It is an exception to the application of
17-19 Subsection (a) that the installation or utilization of a pen
17-20 register or trap and trace device was made> by an officer, <agent,
17-21 or> employee, or agent of a lawful enterprise while engaged in an
17-22 activity that:
17-23 (A) was <is> a necessary incident to the
17-24 rendition of service or to the protection of property of or
17-25 services provided by the enterprise;<,> and
18-1 (B) was not made for the purpose of gathering
18-2 information for a law enforcement agency or private investigative
18-3 agency, other than information related to the theft of
18-4 communication or information services provided by the enterprise;
18-5 or
18-6 (3) by a person acting in compliance with the
18-7 emergency provisions of Article 18.21, Code of Criminal Procedure,
18-8 or under a court order obtained under that article.
18-9 (d) <(e)> An offense under this section is a state jail
18-10 felony.
18-11 SECTION 9. Subsection (e), Section 16.04, Penal Code, is
18-12 amended to read as follows:
18-13 (e) It is an affirmative defense to prosecution under
18-14 <exception to the application of> Subsection (b) that the conduct
18-15 was authorized by:
18-16 (1) the provider of the wire or electronic
18-17 communications service;
18-18 (2) the user of the wire or electronic communications
18-19 service; <or>
18-20 (3) the addressee or intended recipient of the wire or
18-21 electronic communication; or
18-22 (4) Article 18.21, Code of Criminal Procedure.
18-23 SECTION 10. Section 16.05, Penal Code, is amended to read as
18-24 follows:
18-25 Sec. 16.05. Illegal Divulgenge of Public Communications.
19-1 (a) In this section:
19-2 (1) <,> "Electronic <electronic> communication,"
19-3 "electronic communications service," and "electronic communications
19-4 system" have the meanings given those terms in Article 18.20, Code
19-5 of Criminal Procedure.
19-6 (2) "Intended recipient" means the person to whom a
19-7 communication is addressed or directed or an agent of that person.
19-8 (b) A <Except as provided by Subsection (c), a> person who
19-9 provides electronic communications service to the public commits an
19-10 offense if, while an electronic communication is in transmission on
19-11 that service, the person <he> intentionally or knowingly divulges
19-12 the contents of the <a> communication to another who is not<, other
19-13 than a communication to that person or that person's agent, while
19-14 the communication is in transmission on that service, to any person
19-15 other than the addressee or> the intended recipient of the
19-16 communication <or the addressee's or intended recipient's agent>.
19-17 (c) It is an affirmative defense to prosecution under
19-18 Subsection (b) that the actor divulged <A person who provides
19-19 electronic communications service to the public may divulge> the
19-20 contents of the <a> communication:
19-21 (1) as authorized by federal or state law;
19-22 (2) to another for the purpose for forwarding <a
19-23 person employed, authorized, or whose facilities are used to
19-24 forward> the communication to its <the communication's> destination
19-25 and the other was an employee, an authorized agent, or a person in
20-1 control of the facility used to forward the communication; or
20-2 (3) to a law enforcement agency if <the contents were
20-3 obtained by the service provider and> the contents reasonably
20-4 appeared to contain information relating <appear to pertain> to the
20-5 commission of a crime.
20-6 (d) An <Except as provided by Subsections (e) and (f), an>
20-7 offense under this section that involves a scrambled or encrypted
20-8 radio communication <Subsection (b)> is a state jail felony.
20-9 (e) An <If committed for a tortious or illegal purpose or to
20-10 gain a benefit, an> offense under this section <Subsection (b)>
20-11 that does not involve a scrambled or encrypted <involves a> radio
20-12 communication and that is committed unlawfully or to gain a benefit
20-13 <not scrambled or encrypted>:
20-14 (1) is a Class A misdemeanor if the communication is
20-15 not <the radio portion of a cellular telephone communication,> a
20-16 public land mobile radio service communication<,> or a paging
20-17 service communication; or
20-18 (2) is a Class C misdemeanor if the communication is
20-19 <the radio portion of a cellular telephone communication,> a public
20-20 land <and> mobile radio service <or> communication or a paging
20-21 service communication.
20-22 <(f)(1) A person who engages in conduct constituting an
20-23 offense under Subsection (b) that is not for a tortious or illegal
20-24 purpose or for the purpose of direct or indirect commercial
20-25 advantage or private commercial gain and involves a radio
21-1 communication that is transmitted on frequencies allocated under
21-2 Subpart D or Part 74 of the rules of the Federal Communications
21-3 Commission and that is not scrambled or encrypted shall be subject
21-4 to suit by the federal or state government in a court of competent
21-5 jurisdiction for appropriate injunctive relief. If it is shown on
21-6 the trial of the civil suit that the defendant has been convicted
21-7 of an offense under Subsection (b) or that the defendant has been
21-8 found liable in a civil action under Article 18.20, Code of
21-9 Criminal Procedure, in addition to granting injunctive relief the
21-10 court shall impose a civil penalty of $500 on the defendant.>
21-11 <(2) A court may use any means within the court's
21-12 authority to enforce an injunction issued under Subdivision (1) and
21-13 shall impose a fine as for contempt of court of not less than $500
21-14 for each violation of the injunction.>
21-15 SECTION 11. This Act takes effect September 1, 1995.
21-16 SECTION 12. (a) The change in law made by this Act applies
21-17 only to an offense committed on or after the effective date of this
21-18 Act. For purposes of this section, an offense is committed before
21-19 the effective date of this Act if any element of the offense occurs
21-20 before the effective date.
21-21 (b) An offense committed before the effective date of this
21-22 Act is covered by the law in effect when the offense was committed,
21-23 and the former law is continued in effect for this purpose.
21-24 SECTION 13. The importance of this legislation and the
21-25 crowded condition of the calendars in both houses create an
22-1 emergency and an imperative public necessity that the
22-2 constitutional rule requiring bills to be read on three several
22-3 days in each house be suspended, and this rule is hereby suspended,
22-4 and that this Act take effect and be in force from and after its
22-5 passage, and it is so enacted.