Amend CSSB 1052 (Senate Committee Printing) as follows:

(1)  In SECTION 1 of the bill, in added Article 18.02(a)(13), Code of Criminal Procedure (page 1, line 57), strike "or" and substitute ", including".

(2)  In SECTION 4 of the bill, strike the text of amended Section 1(20), Article 18.20, Code of Criminal Procedure (page 2, lines 29 through 38), and substitute the following:

(20)  "Electronic storage" means any storage of electronic customer data in a computer, computer network, or computer system, regardless of whether the data is subject to recall, further manipulation, deletion, or transmission, and includes any[:

[(A)     a temporary, intermediate storage of a wire or electronic communication that is incidental to the electronic transmission of the communication; or

[(B)]  storage of a wire or electronic communication by an electronic communications service or a remote computing service [for purposes of backup protection of the communication].

(3)  In SECTION 6 of the bill, in amended Sections 4(b)(2)(C) and (c)(1)(B)(iii), Article 18.21, Code of Criminal Procedure (page 3, lines 11 and 12 and line 27), strike "of this article" and substitute "[of this article]".

(4)  In SECTION 6 of the bill, strike the text of amended Section 4(d), Article 18.21, Code of Criminal Procedure (page 3, lines 43 through 56), and substitute the following:

(d)  An authorized peace officer may require a provider of electronic communications service or a provider of a remote computing service to disclose electronic customer data not otherwise described by [records or other information pertaining to a subscriber or customer of the service, other than communications described in Subsection (c) of] this section[,] without giving the [subscriber or] customer notice:

(1)  by obtaining an administrative subpoena authorized by statute;

(2)  by obtaining a grand jury subpoena;

(3)  by obtaining a warrant under Section 5A;

(4)  by obtaining the consent of the [subscriber or] customer to the disclosure of the customer data [records or information];

(5)  by obtaining a court order under Section 5 [of this article]; or

(6)  as otherwise permitted by applicable federal law.