ACM H.B. 3373 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 3373
By: Yarbrough
5-1-97
Committee Report (Unamended)



BACKGROUND 

With the onset of the computer age many large municipalities in Texas have
had problems with computer technicians who are able to program software
that allow individuals to track police and fire department communications
and transmission sent over the department's mobil data terminals. Section
16.02 of the Penal Code states that it is unlawful for a person to
intercept, use, or disclose wire, oral, or electronic communication.  Tow
truck drivers in Houston have purchased software and have put into use
this software that allows these companies to listen in and monitor the
transmissions from the mobil data terminals of the police and fire
departments, in order for these companies to have an advantage over their
competition in the market.  

Section 16.02 of the Penal Code also allows for an affirmative defense
under Subsection (c) (8)(C) if a person intercepts radio communications
that is transmitted by a governmental, law enforcement, civil defense,
private land mobil, or public safety communications system that is readily
accessible to the general public. The transmissions over the mobil data
terminals in police and fire department vehicles are accessible to the
general public, therefore entities that are using this information for
their own financial gain have an affirmative defense under this
Subsection.  The County District Attorney's office is having difficulty in
prosecuting.  By eliminating this defense they will be better able to
prosecute.   

PURPOSE

HB 3373, as proposed, would eliminate the affirmative defense to
prosecution if a person intercepts radio communication that is transmitted
by a law enforcement representative to or from mobil data terminals. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subsection (c)(8)(C), Section 16.02, Penal Code, to
provide that it is an affirmative defense to prosecution if 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 radio communication is transmitted by a law enforcement
representative to or from a mobile data terminal. 

SECTION 2. Effective date. September 1, 1997.  The change in law made by
this Act applies only to an offense committed on or after the effective
date of this Act. 

SECTION 3. Emergency clause.