84R7142 GCB-F

By: Fletcher H.B. No. 3790

A BILL TO BE ENTITLED

AN ACT

relating to the electronic customer data that certain peace officers may obtain by warrant, order, or other legal process from a provider of a wire or electronic communications service or remote computing service or from a communication common carrier.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1, Article 18.21, Code of Criminal Procedure, is amended by adding Subdivisions (2-a), (4-c), and (9-a) and amending Subdivisions (4) and (6) to read as follows:

(2-a) "Call detail record" means information produced by a telephone exchange or other telecommunications device or equipment that documents the details of a wire or electronic communication that passes through the exchange, device, or equipment. The term includes information such as the time, duration, completion status, source number, and destination number of an electronic communication, but does not include the content of the communication.

(4) "ESN reader" means a device that records telecommunication identifying information [the electronic serial number] from the data track of a [wireless telephone,] cellular telephone[,] or other wireless communications [similar communication] device that transmits its operational status to a base site, if the telephone or device does not intercept the contents of a communication.

(4-c) "Location information" means any information that concerns the current or past location of a cellular telephone or other wireless communications device that is created, or is accessed with technology, by a provider of a wire or electronic communications service or remote computing service or by a communication common carrier. The term does not include a subscriber's or customer's account information and any wireless Internet access point transactional records or other electronic customer data not relating to the current or past location of the telephone or device.

(6) "Pen register" means a device or process that records, [or] decodes, or intercepts dialing, routing, addressing, or signaling information, location information, or telecommunication identifying information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted, if the information does not include the contents of the communication. The term does not include a device used by a provider or customer of a wire or electronic communication service in the ordinary course of the provider's or customer's business for purposes of:

(A) billing or recording as an incident to billing for communications services; or

(B) cost accounting, security control, or other ordinary business purposes.

(9-a) "Telecommunication identifying information" means an electronic serial number or other number or signal that identifies a specific:

(A) cellular telephone or other wireless communications device;

(B) customer or subscriber account; or

(C) electronic communication.

SECTION 2. Section 4, Article 18.21, Code of Criminal Procedure, is amended by amending Subsections (a) and (b) and adding Subsections (b-1) and (b-2) to read as follows:

(a) An authorized peace officer may require a provider of a wire or [an] electronic communications service or a provider of a remote computing service to disclose electronic customer data that is in electronic storage by obtaining a warrant under Section 5A.

(b) An authorized peace officer may require a provider of a wire or [an] electronic communications service or a provider of a remote computing service to disclose information described by Subsection (b-1) or (b-2) [only electronic customer data that is information revealing the identity of customers of the applicable service or information about a customer's use of the applicable service,] 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 data;

(5) by obtaining a court order under Section 5; or

(6) as otherwise permitted by applicable federal law.

(b-1) Under Subsection (b), an authorized peace officer may obtain:

(1) call detail records;

(2) records relating to the Internet Protocol address used by a computer or wireless communications device;

(3) telephone call toll billing records;

(4) records relating to a short message service or text message service that do not include the contents of the messages;

(5) wireless Internet access point transactional records;

(6) telecommunication identifying information;

(7) any stored data that is published on a social networking Internet website, including any profile information, images, or text published by the user of the social networking Internet website; or

(8) any other electronic customer data that:

(A) reveals the identity of customers or subscribers of the applicable service; or

(B) provides information about a customer's or subscriber's use of the applicable service.

(b-2) In an ongoing criminal investigation, an authorized peace officer may obtain under Subsection (b), for the purpose of locating a suspect or wireless communications device or identifying an unknown suspect or wireless communications device by means of a pen register or trap and trace device, bulk records of a wire or electronic communications service or remote computing service or a communication common carrier. Bulk records sought under this subsection may contain information described by Subsection (b-1) for all subscribers and customers in a specific geographic area.

SECTION 3. The change in law made by this Act applies to the disclosure of certain information by a provider of a wire or electronic communications service or remote computing service or by a communication common carrier under a warrant, order, or other legal process on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2015.