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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic customer data that certain peace |
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officers may obtain by warrant, order, or other legal process from a |
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provider of a wire or electronic communications service or remote |
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computing service or from a communication common carrier. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 18.21, Code of Criminal |
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Procedure, is amended by adding Subdivisions (2-a), (8-a), (9-a), |
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and (9-b) and amending Subdivisions (3-c), (4), and (6) to read as |
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follows: |
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(2-a) "Call detail record" means information produced |
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by a telephone exchange or other telecommunications device or |
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equipment that documents the transactional details of a wire or |
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electronic communication that passes through the exchange, device, |
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or equipment. The term includes information such as the time, |
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duration, completion status, source number, and destination number |
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of a wire or electronic communication, but does not include the |
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content of the communication. |
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(3-c) "Electronic customer data" means data or records |
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that: |
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(A) are in the possession, care, custody, or |
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control of a provider of a wire or [an] electronic communications |
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service or a remote computing service; and |
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(B) contain: |
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(i) information revealing the identity of |
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customers or subscribers of the applicable service; |
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(ii) information about a customer's or |
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subscriber's use of the applicable service, including: |
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(a) call detail records; |
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(b) telephone call toll billing |
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records; |
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(c) wireless Internet access point |
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transactional records; |
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(d) records relating to a short |
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message service or text message service that do not include the |
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contents of the messages; and |
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(e) telecommunication identifying |
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information; |
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(iii) information that identifies the |
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recipient or destination of a wire communication or electronic |
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communication sent to or by the customer; |
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(iv) the content of a wire communication or |
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electronic communication sent to or by the customer or subscriber; |
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or [and] |
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(v) any data stored with the applicable |
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service provider by or on behalf of the customer or subscriber [with
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the applicable service provider]. |
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(4) "ESN reader" means a device that records |
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telecommunication identifying information [the electronic serial
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number] from the data track of a [wireless telephone,] cellular |
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telephone[,] or other wireless communications [similar
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communication] device that transmits its operational status to a |
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base site, if the telephone or device does not intercept the |
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contents of a communication. |
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(6) "Pen register" means a device or process that |
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records or decodes dialing, routing, addressing, or signaling |
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information or telecommunication identifying information that is |
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transmitted by an instrument or facility from which a wire or |
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electronic communication is transmitted, if the information does |
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not include the contents of the communication. The term does not |
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include a device used by a provider or customer of a wire or |
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electronic communication service in the ordinary course of the |
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provider's or customer's business for 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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(8-a) "Subscriber or customer bulk records" means the |
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records of a provider of a wire or electronic communications |
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service or a remote computing service that contain |
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telecommunication identifying information for all of the service's |
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subscribers or customers in a specific geographic area. The term |
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does not include the contents of a wire communication or electronic |
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communication. |
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(9-a) "Telecommunication identifying information" |
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means an electronic serial number or other number or signal that is |
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not part of the content of any wire communication or electronic |
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communication and that is associated with a specific: |
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(A) cellular telephone or other wireless |
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communications device; |
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(B) customer or subscriber account; or |
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(C) data track of an electronic communication. |
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(9-b) "Telephone call toll billing record" means a |
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record retained by a wire or electronic communications service or a |
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remote computing service that identifies, for a telephone toll |
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call, the following billing information: |
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(A) the name, address, and telephone number of |
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the caller; |
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(B) the telephone number called; and |
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(C) the date, time, and length of the call. |
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SECTION 2. Section 4, Article 18.21, Code of Criminal |
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Procedure, is amended by amending Subsections (a) and (b) and |
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adding Subsections (b-1), (b-2), and (b-3) to read as follows: |
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(a) An authorized peace officer may require a provider of a |
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wire or [an] electronic communications service or a provider of a |
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remote computing service to disclose electronic customer data that |
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is in electronic storage by obtaining a warrant under Section 5A. |
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(b) An authorized peace officer may require a provider of a |
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wire or [an] electronic communications service or a provider of a |
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remote computing service to disclose information described by |
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Subsection (b-1) or (b-2) [only electronic customer data that is
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information revealing the identity of customers of the applicable
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service or information about a customer's use of the applicable
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service,] without giving the subscriber or customer notice: |
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(1) by obtaining an administrative subpoena |
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authorized by statute; |
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(2) by obtaining a grand jury subpoena; |
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(3) by obtaining a warrant under Section 5A; |
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(4) by obtaining the consent of the subscriber, [or] |
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customer, or user of the applicable service to the disclosure of the |
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data; |
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(5) by obtaining a court order under Section 5; or |
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(6) as otherwise permitted by applicable federal law. |
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(b-1) Under Subsection (b), an authorized peace officer may |
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obtain the following electronic customer data: |
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(1) call detail records; |
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(2) records relating to the Internet Protocol address |
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used by a computer or wireless communications device; |
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(3) telephone call toll billing records; |
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(4) records relating to a short message service or |
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text message service that do not include the contents of the |
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messages; |
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(5) wireless Internet access point transactional |
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records; |
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(6) telecommunication identifying information; or |
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(7) any other electronic customer data that: |
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(A) reveals the identity of customers or |
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subscribers of the applicable service; or |
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(B) provides information about a customer's or |
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subscriber's use of the applicable service. |
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(b-2) In an ongoing criminal investigation, an authorized |
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peace officer may obtain subscriber or customer bulk records under |
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Subsection (b) for the purpose of locating a suspect or wireless |
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communications device or identifying an unknown suspect or wireless |
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communications device by means of a pen register or trap and trace |
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device. |
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(b-3) This section does not authorize a peace officer, |
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whether under the authority of a subpoena or otherwise, to obtain, |
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or to require a provider of a wire or electronic communications |
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service or a provider of a remote computing service to disclose, |
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electronic customer data in electronic storage that is the content |
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of a wire communication or electronic communication, including any |
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images or videos contained in the information. |
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SECTION 3. The change in law made by this Act applies to the |
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disclosure of certain information by a provider of a wire or |
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electronic communications service or remote computing service or by |
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a communication common carrier under a warrant, order, or other |
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legal process on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |