SRC-JFA H.B. 3373 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3373
By: Yarbrough (Whitmire)
Criminal Justice
5-17-97
Engrossed


DIGEST 

Currently, Section 16.02(b), Penal Code, provides that it is unlawful for
a person to intercept, use, or disclose wire, oral, or electronic
communication.  Tow truck drivers in Houston have purchased and used
software that allowed them to listen in and monitor the transmissions from
the mobil data terminals of the police and fire departments in order for
these companies to gain  an advantage over their competitors.  Section
16.02(c)(8)(C), Penal Code, provides an affirmative defense to Section
16.02(b), Penal Code, for a person who intercepts radio communications
that is transmitted by a governmental, law enforcement, civil defense,
private land mobile, or public safety communications system that is
readily accessible to the general public.  The transmission over the mobil
data terminals in police and fire department vehicles are accessible to
the general public, therefore entities such as tow-truck companies that
are using this information for their own financial gain have an
affirmative defense under Section 16.02, Penal Code.  This bill would
amend Section 16.02, Penal Code, to provide an affirmative defense to
prosecution under Subsection (b) to a person who intercepts radio
communication that is transmitted by a governmental, law enforcement,
civil defense, private land mobile, or public safety communications system
that is readily accessible to the general public, unless that person who
intercepts the radio communication discloses or transmits any information
other than vehicle accident reports.      

PURPOSE

As proposed, H.B. 3373 amends Section 16.02, Penal Code, to provide that
it is an affirmative defense to prosecution under Subsection (b) that a
person intercepts radio communication that is transmitted by a
governmental, law enforcement, civil defense, private land mobile, or
public safety communications system that is readily accessible to the
general public, unless the person who intercepts a radio communication
discloses or transmits any information other than vehicle accident
reports.      


RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 16.02(c), Penal Code, to provide that it is an
affirmative defense to prosecution under Subsection (b) that, among other
options, a person intercepts radio communication that is transmitted by a
governmental, law enforcement, civil defense, private land mobile, or
public safety communications system that is readily accessible to the
general public, unless the person who intercepts a radio communication
discloses or transmits any information other than vehicle accident
reports.   

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.