BILL ANALYSIS
By: Driver
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Since 1981, the Legislature has routinely placed a sunset provision on Section 16.02 of the Penal Code and Section 18, Article 18.20 of the Code of Criminal Procedure, both of which relate to the interception and use of wire, oral, or electronic communications. The Legislature has renewed these sections prior to each sunset date.
On September 1, 2005, these provisions are set to expire again. Rather than extending the sunset dates, C.S.H.B. 3353 removes the sunset provisions from Section 16.02 of the Penal Code and Section 18, Article 18.20 of the Code of Criminal Procedure, eliminating the need for the Legislature to revisit these provisions.
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.
ANALYSIS
C.S.H.B. 3353 repeals Section 16.02(h) of the Penal Code, which provides that Section 16.02 of the Penal Code, prohibiting certain interception, use, or disclosure of wire, oral, or electronic communications, expires on September 1, 2005. C.S.H.B. 3353 also repeals Section 18, Article 18.20 of the Code of Criminal Procedure, which provides that Article 18.20, regarding certain interception, use, and disclosure of wire, oral, or electronic communications, expires on September 1, 2005.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Original House Bill 3353 repeals only Section 16.02(h) of the Penal Code. The substitute repeals Section 16.02(h) of the Penal Code and Section 18, Article 18.20 of the Code of Criminal Procedure.