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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a search warrant for government access to |
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stored communications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.21, Code of Criminal Procedure, is |
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amended by amending section 4 to read as follows: |
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Sec. 4. [(a)] An authorized peace officer may require a provider |
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of electronic communications service to disclose the contents of a |
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wire communication or an electronic communication [that has been] |
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in electronic storage [for not longer than 180 days] by obtaining a |
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warrant. |
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[(b)
An authorized peace officer may require a provider of
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electronic communications service to disclose the contents of a
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wire communication or an electronic communication that has been in
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electronic storage for longer than 180 days:
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(1)
if notice is not being given to the subscriber or
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customer, by obtaining a warrant;
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(2)
if notice is being given to the subscriber or
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customer, by obtaining:
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(A)
an administrative subpoena authorized by
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statute;
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(B) a grand jury subpoena; or
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(C)
a court order issued under Section 5 of this
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article; or
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(3) as otherwise permitted by applicable federal law.
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(c)(1)
An authorized peace officer may require a provider of
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a remote computing service to disclose the contents of a wire
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communication or an electronic communication as described in
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Subdivision (2) of this subsection:
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(A)
if notice is not being given to the
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subscriber or customer, by obtaining a warrant issued under this
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code;
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(B)
if notice is being given to the subscriber or
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customer, by:
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(i)
an administrative subpoena authorized
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by statute;
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(ii) a grand jury subpoena; or
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(iii)
a court order issued under Section 5
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of this article; or
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(C)
as otherwise permitted by applicable federal
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law.
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(2)
Subdivision (1) of this subsection applies only to
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a wire communication or an electronic communication that is in
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electronic storage:
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(A)
on behalf of a subscriber or customer of the
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service and is received by means of electronic transmission from or
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created by means of computer processing of communications received
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by means of electronic transmission from the subscriber or
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customer; and
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(B)
solely for the purpose of providing storage
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or computer processing services to the subscriber or customer if
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the provider of the service is not authorized to obtain access to
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the contents of those communications for purposes of providing any
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service other than storage or computer processing.
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(d) An authorized peace officer may require a provider of
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remote computing service to disclose records or other information
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pertaining to a subscriber or customer of the service, other than
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communications described in Subsection (c) of this section, without
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giving the subscriber or customer notice:
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(1) by obtaining an administrative subpoena authorized
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by statute;
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(2) by obtaining a grand jury subpoena;
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(3) by obtaining a warrant;
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(4) by obtaining the consent of the subscriber or
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customer to the disclosure of the records or information;
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(5) by obtaining a court order under Section 5 of this
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article; or
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(6) as otherwise permitted by applicable federal law.
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(e) A provider of telephonic communications service shall
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disclose to an authorized peace officer, without any form of legal
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process, subscriber listing information, including name, address,
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and telephone number or similar access code that:
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(1) the service provides to others in the course of
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providing publicly available directory or similar assistance; or
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(2) is solely for use in the dispatch of emergency
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vehicles and personnel responding to a distress call directed to an
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emergency dispatch system or when the information is reasonably
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necessary to aid in the dispatching of emergency vehicles and
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personnel for the immediate prevention of death, personal injury,
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or destruction of property.
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(f) A provider of telephonic communications service shall
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provide an authorized peace officer with the name of the subscriber
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of record whose published telephone number is provided to the
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service by an authorized peace officer.] |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |