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A BILL TO BE ENTITLED
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AN ACT
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relating to the interception of wire, oral, or electronic |
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communications for law enforcement purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(a), Article 18.20, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Except as otherwise provided by this section and |
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Sections 8A and 8B, only the Department of Public Safety is |
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authorized by this article to own, possess, install, operate, or |
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monitor an electronic, mechanical, or other device. The |
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Department of Public Safety may be assisted by an investigative or |
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law enforcement officer or other person in the operation and |
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monitoring of an interception of wire, oral, or electronic |
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communications, provided that the officer or other person: |
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(1) is designated by the director for that purpose; |
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and |
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(2) acts [in the presence and] under the direction of a |
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commissioned officer of the Department of Public Safety. |
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SECTION 2. Section 1, Article 18.21, Code of Criminal |
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Procedure, is amended by amending Subdivisions (3-a) and (6) and |
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adding Subdivision (6-a) to read as follows: |
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(3-a) "Designated law enforcement office or agency" |
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means: |
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(A) the sheriff's department of a county with a |
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population of 500,000 [3.3 million] or more; |
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(B) a police department in a municipality with a |
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population of 500,000 or more; or |
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(C) the office of inspector general of the Texas |
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Department of Criminal Justice. |
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(6) "Pen register" means a device or process that |
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records or decodes pen register information [dialing, routing,
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addressing, or signaling information transmitted by an instrument
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or facility from which a wire or electronic communication is
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transmitted, if the information does not include the contents of
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the communication]. The term does not include a device used by a |
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provider or customer of a wire or electronic communication service |
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in the ordinary course of the provider's or customer's business for |
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purposes of: |
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(A) billing or recording as an incident to |
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billing for communications services; or |
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(B) cost accounting, security control, or other |
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ordinary business purposes. |
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(6-a) "Pen register information" means the dialing, |
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routing, addressing, or signaling information transmitted by an |
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instrument or facility from which a wire or electronic |
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communication is transmitted, if the information does not include |
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the contents of the communication. |
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SECTION 3. Section 2, Article 18.21, Code of Criminal |
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Procedure, is amended by amending Subsection (e) and adding |
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Subsection (e-1) to read as follows: |
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(e) On presentation of the application, the judge may order |
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the installation and use of the trap and trace device or similar |
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equipment by the communication common carrier, the provider of an |
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electronic communications service, or other person on the |
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appropriate line. The judge may direct the communication common |
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carrier, electronic communications service provider, or other |
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person, including any landlord or other custodian of equipment, to |
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furnish all information, facilities, and technical assistance |
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necessary to install or use the device or equipment unobtrusively |
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and with a minimum of interference to the services provided by the |
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communication common carrier[, landlord, custodian,] or other |
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person. Unless otherwise ordered by the court, the results of the |
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trap and trace device or similar equipment shall be provided |
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[furnished] to the applicant, designated by the court, at |
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reasonable intervals during regular business hours, for the |
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duration of the order. The carrier or other person is entitled to |
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compensation at the prevailing rates for the facilities and |
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assistance provided to the designated law enforcement office or |
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agency. |
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(e-1) If for technical reasons pen register information is |
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obtained from an electronic communications service provider |
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through the installation of a trap and trace device and if the pen |
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register information for those technical reasons will be delivered |
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directly to law enforcement across a secure line, on an application |
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under Subsection (b)(2) for the installation and use of a trap and |
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trace device, the judge may order the applicable service provider |
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to install the trap and trace device and deliver to the appropriate |
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law enforcement agency the pen register information in addition to |
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the other information acquired as a result of the installation and |
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use of the trap and trace device. Separate applications are not |
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required to obtain the pen register information and information |
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from the trap and trace device. |
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SECTION 4. This Act takes effect September 1, 2013. |