81(R) SB 537 - 2nd reading 2 (H)

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	Amend SB 537 by adding the following appropriately numbered 
ARTICLE and renumbering subsequent ARTICLES accordingly:

ARTICLE ____. CONTROL OF INTERCEPTING DEVICES
	SECTION ____. Section 5, Article 18.20, Code of Criminal 
Procedure, is amended by amending Subsection (a) and adding 
Subsections (c) and (d) to read as follows:
	(a) Except as otherwise provided by this section and Section 
8A, only the Department of Public Safety is authorized by this 
article to own, possess, install, operate, or monitor an 
electronic, mechanical, or other device.  The Department of Public 
Safety may be assisted by an investigative or law enforcement 
officer or other person in the operation and monitoring of an 
interception of wire, oral, or electronic communications, provided 
that the officer or other person:
		(1) is designated by the director for that purpose; and                       
		(2) acts in the presence and under the direction of a 
commissioned officer of the Department of Public Safety.
	(c) The Department of Public Safety, upon request by the 
Texas Department of Criminal Justice, shall authorize the Texas 
Department of Criminal Justice to own electronic, mechanical, or 
other devices for a use or purpose authorized by Section 500.008, 
Government Code, and the inspector general of the Texas Department 
of Criminal Justice, a commissioned officer of that office, or 
another person acting in the presence and under the direction of a 
commissioned officer of that office may possess, install, operate, 
or monitor those devices as provided by Section 500.008.
	(d) The Department of Public Safety, upon request by the 
Texas Youth Commission, shall authorize the Texas Youth Commission 
to own electronic, mechanical, or other devices for a use or purpose 
authorized by Section 61.0455, Human Resources Code, and the 
inspector general of the Texas Youth Commission, a commissioned 
officer of that office, or another person acting in the presence and 
under the direction of a commissioned officer of that office may 
possess, install, operate, or monitor those devices as provided by 
Section 61.0455.
	SECTION ____. Section 17, Article 18.20, Code of Criminal 
Procedure, is amended to read as follows:
	Sec. 17. NONAPPLICABILITY. This article does not apply to 
conduct described as an affirmative defense under Section 16.02(c), 
Penal Code, except as otherwise specifically provided by that 
section.
	SECTION ____. Chapter 500, Government Code, is amended by 
adding Section 500.008 to read as follows:
	Sec. 500.008. DETECTION AND MONITORING OF CELLULAR 
TELEPHONES. (a) As provided by Article 18.20, Code of Criminal 
Procedure, the department may own and the office of inspector 
general may possess, install, operate, or monitor an electronic, 
mechanical, or other device, as defined by Article 18.20, Code of 
Criminal Procedure.
	(b) The inspector general shall designate in writing the 
commissioned officers of the office of inspector general who are 
authorized to possess, install, operate, and monitor electronic, 
mechanical, or other devices for the department.
	(c) An investigative or law enforcement officer or other 
person, on request of the office of inspector general, may assist 
the office in the operation and monitoring of an interception of 
wire, oral, or electronic communications if the investigative or 
law enforcement officer or other person:
		(1) is designated by the executive director for that 
purpose; and    
		(2) acts in the presence and under the direction of a 
commissioned officer of the inspector general.
	SECTION ____. Subchapter C, Chapter 61, Human Resources Code, 
is amended by adding Section 61.0455 to read as follows:
	Sec. 61.0455. DETECTION AND MONITORING OF CELLULAR 
TELEPHONES. (a) As provided by Article 18.20, Code of Criminal 
Procedure, the commission may own and the office of the inspector 
general may possess, install, operate, or monitor an electronic, 
mechanical, or other device, as defined by Article 18.20, Code of 
Criminal Procedure.
	(b) The inspector general shall designate in writing the 
commissioned officers of the office of inspector general who are 
authorized to possess, install, operate, or monitor an electronic, 
mechanical, or other devices for the commission.
	(c) An investigative or law enforcement officer or other 
person, on request of the office of inspector general, may assist 
the office in the operation and monitoring of an interception of 
wire, oral, or electronic communications if the investigative or 
law enforcement officer or other person:
		(1) is designated by the executive commissioner for 
that purpose; and
		(2) acts in the presence and under the direction of a 
commissioned officer of the inspector general.
	SECTION ____. Section 16.02, Penal Code, is amended by adding 
Subsection (e-1) to read as follows:
	(e-1) It is a defense to prosecution under Subsection (d)(1) 
that the electronic, mechanical, or other device is possessed by a 
person authorized to possess the device under Section 500.008, 
Government Code, or Section 61.0455, Human Resources Code.
	SECTION ____. The changes in law made by this article with 
respect to Sections 16.02 and 38.11, Penal Code, apply only to an 
offense committed on or after the effective date of this Act.  An 
offense committed before the effective date of this Act is governed 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.  For purposes of this 
section, an offense was committed before the effective date of this 
Act if any element of the offense occurred before that date.