84R1142 GCB-F

By: Estes, Ellis S.B. No. 942

A BILL TO BE ENTITLED

AN ACT

relating to warrants or orders issued to obtain certain information through installation or use of global positioning system wireless device trackers, international mobile subscriber identity locators, or other devices or equipment, and to public access to law enforcement or prosecutor requests for certain related location or communication information; creating an offense.

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

SECTION 1. Article 18.02(a), Code of Criminal Procedure, is amended to read as follows:

(a) A search warrant may be issued to search for and seize:

(1) property acquired by theft or in any other manner which makes its acquisition a penal offense;

(2) property specially designed, made, or adapted for or commonly used in the commission of an offense;

(3) arms and munitions kept or prepared for the purposes of insurrection or riot;

(4) weapons prohibited by the Penal Code;

(5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia;

(6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law;

(7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state;

(8) any property the possession of which is prohibited by law;

(9) implements or instruments used in the commission of a crime;

(10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense;

(11) persons;

(12) contraband subject to forfeiture under Chapter 59 of this code; [or]

(13) electronic customer data held in electronic storage, including the contents of and records and other information related to a wire communication or electronic communication held in electronic storage; or

(14) location information as defined by Article 18.21.

SECTION 2. Section 1(14), Article 18.20, Code of Criminal Procedure, is amended to read as follows:

(14) "Global positioning system wireless device tracker," "international mobile subscriber identity locator," "pen ["Pen] register," "ESN reader," "trap and trace device," and "mobile tracking device" have the meanings assigned by Article 18.21.

SECTION 3. Section 9(c), Article 18.20, Code of Criminal Procedure, is amended to read as follows:

(c) On request of the applicant for an order authorizing the interception of a wire, oral, or electronic communication, the judge may issue a separate order directing that a provider of a wire or electronic communications service or remote computing service, a communication common carrier, landlord, custodian, or other person furnish the applicant all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the provider, carrier, landlord, custodian, or other person is providing the person whose communications are to be intercepted. Any provider of a wire or electronic communications service or remote computing service, communication common carrier, landlord, custodian, or other person furnishing facilities or technical assistance is entitled to compensation by the applicant for reasonable expenses incurred in providing the facilities or assistance at the prevailing rates. The interception order may include an order to:

(1) install or use a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, ESN reader, trap and trace device, or mobile tracking device, or a similar device or equipment [that combines the function of a pen register and trap and trace device]; or

(2) disclose a stored communication, information subject to an administrative subpoena, or information subject to access under Article 18.21[, Code of Criminal Procedure].

SECTION 4. The heading to Article 18.21, Code of Criminal Procedure, is amended to read as follows:

Art. 18.21. GLOBAL POSITIONING SYSTEM WIRELESS DEVICE TRACKERS, INTERNATIONAL MOBILE SUBSCRIBER IDENTITY LOCATORS, PEN REGISTERS, ESN READERS, AND TRAP AND TRACE DEVICES; ACCESS TO STORED COMMUNICATIONS; MOBILE TRACKING DEVICES

SECTION 5. Section 1, Article 18.21, Code of Criminal Procedure, is amended by amending Subdivisions (4) and (5) and adding Subdivisions (4-a), (4-b), and (4-c) to read as follows:

(4) "ESN reader" means a device that records 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 device does not intercept the contents of a communication.

(4-a) "Global positioning system wireless device tracker" means any device, program, or application that uses a satellite-based navigation system to obtain location information from a cellular telephone or other wireless communications device.

(4-b) "International mobile subscriber identity locator" means a device that:

(A) connects to a cellular telephone or other wireless communications device in the same manner as a cellular telephone tower connects to a cellular telephone or other wireless communications device; and

(B) obtains or reveals location information about or the identity of a subscriber or customer of a communication common carrier, an electronic communications service, or a remote computing service from the cellular telephone or other wireless communications device.

(4-c) "Location information" means any information that concerns the location of a cellular telephone or other wireless communications device and is wholly or partly generated by or derived from the operation of the telephone or device. The term includes information regarding the current or past location of the cellular telephone or other wireless communications device.

(5) "Mobile tracking device" means an electronic or mechanical device that permits tracking the movement of a person, vehicle, container, item, or object. The term does not include a global positioning system wireless device tracker.

SECTION 6. Section 2, Article 18.21, Code of Criminal Procedure, is amended by amending Subsections (a), (b), (c), (d), (e), (f), (g), (i), (k), and (m) and adding Subsections (a-1) and (g-1) to read as follows:

(a) A prosecutor with jurisdiction in a county within a judicial district described by Subsection (a-1) [this subsection] may file [an application for the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device] with a district judge in the judicial district an application for the installation or use of:

(1) a global positioning system wireless device tracker;

(2) an international mobile subscriber identity locator;

(3) a pen register;

(4) an ESN reader;

(5) a trap and trace device; or

(6) a similar device or equipment.

(a-1) The judicial district in which an application may be filed under Subsection (a) must be a district in which is located:

(1) the site of the proposed installation or use of the device or equipment described by Subsection (a);

(2) the site of the cellular telephone, wireless communications device, or other communication device on which the device or equipment described by Subsection (a) is proposed to be installed or used;

(3) the billing, residential, or business address of the subscriber or customer of [to] the electronic communications service, remote computing service, or communication common carrier on which the device or equipment described by Subsection (a) is proposed to be installed or used;

(4) the headquarters of:

(A) the office of the prosecutor filing an application under this section; or

(B) a law enforcement agency that requests the prosecutor to file an application under this section or that proposes to execute an order authorizing installation or [and] use of the device or equipment described by Subsection (a); or

(5) the headquarters of a carrier or service provider ordered to install the device or equipment described by Subsection (a).

(b)(1) A prosecutor may file an application under this section or under federal law on the prosecutor's own motion or on the request of an authorized peace officer, regardless of whether the officer is commissioned by the department.

(2) A prosecutor who files an application on the prosecutor's own motion or who files an application for the installation or [and] use of a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, ESN reader, or a similar device or equipment on the request of an authorized peace officer not commissioned by the department, other than an authorized peace officer employed by a designated law enforcement office or agency, must make the application personally and may not do so through an assistant or some other person acting on the prosecutor's behalf.

(3) A prosecutor may make an application through an assistant or other person acting on the prosecutor's behalf if the prosecutor files an application for the installation and use of:

(A) [(1)] a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, ESN reader, or a similar device or equipment on the request of:

(i) [(A)] an authorized peace officer who is commissioned by the department; or

(ii) [(B)] an authorized peace officer of a designated law enforcement office or agency; or

(B) [(2)] a trap and trace device or a similar device or equipment on the request of an authorized peace officer, regardless of whether the officer is commissioned by the department.

(c) The application must:

(1) be made in writing under oath;

(2) include the name of the subscriber or customer and the telephone number and location of the cellular telephone, wireless communications device, or other communication device on which the [pen register, ESN reader, trap and trace] device[,] or [similar] equipment described by Subsection (a) will be installed or used, to the extent that information is known or is reasonably ascertainable; and

(3) state that the installation or [and] use of the device or equipment will likely produce information that is material to an ongoing criminal investigation.

(d) On presentation of the application, the judge may order the installation or [and] use of the global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, ESN reader, or a similar device or equipment by an authorized peace officer commissioned by the department or an authorized peace officer of a designated law enforcement office or agency, and, on request of the applicant, the judge shall direct in the order that a communication common carrier or a provider of an electronic communications service or remote computing service furnish all information, facilities, and technical assistance necessary to facilitate the installation or [and] use of the device or equipment by the department or designated law enforcement office or agency unobtrusively and with a minimum of interference to the services provided by the carrier or service provider. The carrier or service provider is entitled to compensation at the prevailing rates for the facilities and assistance provided to the department or a designated law enforcement office or agency.

(e) On presentation of the application, the judge may order the installation or [and] use of the trap and trace device or a similar device or equipment by the communication common carrier or other person on the appropriate line. The judge may direct the communication common carrier or other person, including any landlord or other custodian of equipment, to furnish all information, facilities, and technical assistance necessary to install or use the device or equipment unobtrusively and with a minimum of interference to the services provided by the communication common carrier, landlord, custodian, or other person. Unless otherwise ordered by the court, the results of the trap and trace device or a similar device or equipment shall be furnished to the applicant, designated by the court, at reasonable intervals during regular business hours, for the duration of the order. The carrier is entitled to compensation at the prevailing rates for the facilities and assistance provided to the designated law enforcement office or agency.

(f) Except as otherwise provided by this subsection, an order for the installation or [and] use of a device or equipment described by Subsection (a) [under this section] is valid for not more than 60 days after the earlier of the date the device or equipment is installed or the 10th day after the date the order is entered, unless the prosecutor applies for and obtains from the court an extension of the order before the order expires. The period of extension may not exceed 60 days for each extension granted, except that with the consent of the subscriber or customer of the carrier or service provider on which the device or equipment is used, the court may extend an order for a period not to exceed one year.

(g) At the request of the prosecutor or a peace officer, the [The] district court may [shall] seal the [an] application and order as provided by [granted under] this subsection. The application and order may be sealed for an initial period not to exceed 180 days. For good cause shown, the court may grant one or more additional one-year periods. With respect to any application that is or becomes subject to disclosure, on a judicial determination that the disclosure of identifying information for a person who is a victim, witness, peace officer, or informant would cause an adverse result as defined by Section 8(b), the court shall redact the identifying information from the application and from the record of the application retained and submitted as described by Subsection (g-1). On a showing of clear and convincing evidence that disclosure of identifying personal information would cause an adverse result, the court may permanently seal the application [article].

(g-1) The court shall retain a record of any application made or order granted under this section and submit the record to the department in accordance with Section 18.

(i) A peace officer of a designated law enforcement office or agency is authorized to possess, install, operate, or monitor a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, ESN reader, or a similar device or equipment if the officer's name is on the list submitted to the director of the department under Subsection (k).

(k) If the director of the department or the director's designee approves the policy submitted under Subsection (j), the inspector general of the Texas Department of Criminal Justice or the inspector general's designee, or the sheriff or chief of a designated law enforcement agency or the sheriff's or chief's designee, as applicable, shall submit to the director a written list of all officers in the designated law enforcement office or agency who are authorized to possess, install, monitor, or operate global positioning system wireless device trackers, international mobile subscriber identity locators, pen registers, ESN readers, or similar devices or equipment.

(m) The inspector general of the Texas Department of Criminal Justice or the sheriff or chief of a designated law enforcement agency, as applicable, shall submit to the director of the department a written report of expenditures made by the designated law enforcement office or agency for the purchase and maintenance of a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, ESN reader, or a similar device or equipment, authorized under this article. The director of the department shall report those expenditures publicly on an annual basis via the department's website, or other comparable means.

SECTION 7. Section 3, Article 18.21, Code of Criminal Procedure, is amended to read as follows:

Sec. 3. EMERGENCY INSTALLATION OR [AND] USE OF GLOBAL POSITIONING SYSTEM WIRELESS DEVICE TRACKER, INTERNATIONAL MOBILE SUBSCRIBER IDENTITY LOCATOR, PEN REGISTER, OR TRAP AND TRACE DEVICE. (a) A peace officer authorized to possess, install, operate, or monitor a device under Section 8A, Article 18.20, may install and use a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, [or] trap and trace device, or a similar device or equipment if the officer:

(1) reasonably believes an immediate life-threatening situation exists that:

(A) is within the territorial jurisdiction of the officer or another officer the officer is assisting; and

(B) requires the installation or use of a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, or trap and trace device before an order authorizing the installation or [and] use can, with due diligence, be obtained under this article; and

(2) reasonably believes there are sufficient grounds under this article on which to obtain an order authorizing the installation and use of the device or equipment described by this subsection [a pen register or trap and trace device].

(b) If an officer installs or uses a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, or trap and trace device under Subsection (a), the officer shall:

(1) promptly report the installation or use to the prosecutor in the county in which the device or equipment is installed or used; and

(2) within 48 hours after the installation is complete or the use of the device or equipment begins, whichever occurs first, obtain an order under Section 2 authorizing the installation or [and] use.

(c) A judge may issue an order authorizing the installation or [and] use of a device or equipment under this section during the 48-hour period prescribed by Subsection (b)(2). If an order is denied or is not issued within the 48-hour period, on the earlier of the denial or the expiration of the 48-hour period, the officer shall immediately terminate use of the device or equipment described by Subsection (a) and remove the [pen register or the trap and trace] device or equipment [promptly on the earlier of the denial or the expiration of 48 hours].

(d) The state may not use as evidence in a criminal proceeding any information gained through [the use of] a [pen register or trap and trace] device or equipment installed or used under this section if an authorized peace officer does not apply for or applies for but does not obtain authorization for the installation or use of the [pen register or trap and trace] device or equipment.

SECTION 8. Article 18.21, Code of Criminal Procedure, is amended by adding Section 14A to read as follows:

Sec. 14A. WARRANT FOR LOCATION INFORMATION FROM CELLULAR TELEPHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE. (a) A district judge may issue a warrant for location information that is obtained from a cellular telephone or other wireless communications device by using a global positioning system wireless device tracker or an international mobile subscriber identity locator.

(b) A warrant under this section may be issued in the same judicial district as, or in a judicial district that is contiguous to the same judicial district as, the site of:

(1) the investigation; or

(2) the person, vehicle, container, item, or object the movement of which will be tracked by the location information obtained from the cellular telephone or wireless communications device.

(c) The warrant may authorize the acquisition of location information obtained from a cellular telephone or wireless communications device that, at the time the location information is acquired, is located outside the judicial district but within the state if the applicant for the warrant reasonably believes the telephone or device to be located within the district at the time the warrant is issued.

(d) A warrant issued under this section for location information does not authorize the use of a global positioning system wireless device tracker or an international mobile subscriber identity locator unless the warrant specifically states that device or equipment may be used.

(e) A district judge may issue the warrant only on the application of a peace officer. An application must be written and signed and sworn to or affirmed before the judge. The affidavit must:

(1) state the name, department, agency, and address of the applicant;

(2) identify the cellular telephone or wireless communications device to be monitored;

(3) state the name of the owner or possessor of the telephone or device to be monitored;

(4) state the judicial district in which the telephone or device is reasonably expected to be located;

(5) state the facts and circumstances that provide the applicant with probable cause to believe that:

(A) criminal activity has been, is, or will be committed; and

(B) acquisition of location information from the telephone or device is likely to produce evidence in a criminal investigation of the criminal activity described in Paragraph (A); and

(6) if applicable, request authorization to use a global positioning system wireless device tracker or an international mobile subscriber identity locator to obtain location information and state the reason the use of that device or equipment is necessary.

(f) A warrant issued under this section that requires action by a communication common carrier, an electronic communications service, or a remote computing service must be executed within the period provided by Article 18.07 by properly serving the warrant on the carrier or service provider.

(g) A warrant issued under this section expires not later than the 90th day after the date the warrant is issued, and location information may not be obtained after the expiration date without an extension of the warrant. For good cause shown, the judge may grant an extension for an additional 90-day period.

(h) At the request of a peace officer, the district court may seal the application and warrant as provided by this subsection. The application and warrant may be sealed for an initial period not to exceed 180 days. For good cause shown, the court may grant one or more additional one-year periods.

(i) With respect to any application that is or becomes subject to disclosure, on a judicial determination that the disclosure of identifying information for a person who is a victim, witness, peace officer, or informant would cause an adverse result as defined by Section 8(b), the court shall redact the identifying information from the application and from the record of the application retained and submitted as described by Subsection (j). On a showing of clear and convincing evidence that disclosure of identifying personal information would cause an adverse result, the court may permanently seal the application.

(j) The court shall retain a record of any application made or warrant issued under this section and submit the record to the department in accordance with Section 18.

(k) Notwithstanding any other law, location information may be obtained from a cellular telephone or wireless communications device without a warrant by:

(1) a private entity or a peace officer if the telephone or device is reported stolen by the owner; or

(2) a peace officer if:

(A) there exists an immediate life-threatening situation, as defined by Section 1(22), Article 18.20; or

(B) the officer reasonably believes the telephone or device is in the possession of a fugitive from justice for whom an arrest warrant has been issued for committing a felony offense.

(l) A peace officer may apply for, and a district court may issue, an order authorizing the officer to obtain location information from a cellular telephone or wireless communications device on the officer's showing that there are reasonable grounds to believe that the telephone or device is in the possession of a fugitive from justice for whom an arrest warrant has been issued for committing a felony offense.

(m) Regardless of whether an order has been issued with respect to the matter under Subsection (l), a peace officer must apply for a warrant to obtain location information from a cellular telephone or wireless communications device under Subsection (k)(2) as soon as practicable. If the district judge finds that the applicable situation under Subsection (k)(2) did not occur and declines to issue the warrant, any evidence obtained is not admissible in a criminal action.

SECTION 9. Section 15(a), Article 18.21, Code of Criminal Procedure, is amended to read as follows:

(a) The director of the department or the director's designee, the inspector general of the Texas Department of Criminal Justice or the inspector general's designee, or the sheriff or chief of a [designated] law enforcement agency or the sheriff's or chief's designee may issue an administrative subpoena to a communication [communications] common carrier or a provider of an electronic communications service or remote computing service to compel the production of the carrier's or service provider's [service's] business records that:

(1) disclose information, excluding any location information, about:

(A) the carrier's or service provider's subscribers or [service's] customers; or

(B) other users of the services offered by the carrier or service provider; and

(2) are material to a criminal investigation.

SECTION 10. Article 18.21, Code of Criminal Procedure, is amended by adding Sections 15A, 17, and 18 to read as follows:

Sec. 15A. COMPELLING PRODUCTION OF BUSINESS RECORDS DISCLOSING LOCATION INFORMATION. On application by the director of the department or the director's designee, the inspector general of the Texas Department of Criminal Justice or the inspector general's designee, or the sheriff or chief of a law enforcement agency or the sheriff's or chief's designee, the district court may issue a warrant under Article 18.02 to a communication common carrier or a provider of an electronic communications service or remote computing service to compel the production of the carrier's or service provider's business records that disclose location information about the carrier's or service provider's subscribers or customers or other users of the services offered by the carrier or service provider, if there is probable cause to believe the records disclosing location information will provide evidence in a criminal investigation.

Sec. 17. CONTROL OF INTERNATIONAL MOBILE SUBSCRIBER IDENTITY LOCATOR. (a) Except as otherwise provided by this section, only the department or a county or municipal law enforcement agency is authorized to own, possess, install, operate, or monitor an international mobile subscriber identity locator.

(b) An investigative or law enforcement officer or other person may assist the department or a county or municipal law enforcement agency in the operation or monitoring of an international mobile subscriber identity locator, provided that the officer or other person:

(1) is designated for that purpose by the director or the head of the county or municipal law enforcement agency, as applicable; and

(2) acts in the presence and under the direction of a commissioned officer of the department or the county or municipal law enforcement agency.

(c) The director and the head of a county or municipal law enforcement agency shall designate in writing the commissioned officers who are responsible for the possession, installation, operation, or monitoring of an international mobile subscriber identity locator for the department or law enforcement agency.

Sec. 18. ANNUAL REPORT OF WARRANTS AND ORDERS. (a) Not later than the 60th day after the date of expiration of a warrant or order issued under this article or an order extending the period of a warrant or order issued under this article, or not later than the 60th day after the date the court denies an application for a warrant or order under this article, the court shall submit to the department the following information, as applicable:

(1) the receipt of an application for a warrant or order under this article;

(2) the type of warrant or order for which the application was made;

(3) whether any application for an order of extension was granted, granted as modified by the court, or denied;

(4) whether the warrant authorized the use of a global positioning system wireless device tracker or an international mobile subscriber identity locator;

(5) the period of monitoring authorized by the warrant or order and the number and duration of any extensions of the warrant or order;

(6) the offense under investigation, as specified in the application for the warrant or order or an extension of the warrant or order; and

(7) the law enforcement office or agency or the prosecutor that submitted an application for the warrant or order or an extension of the warrant or order.

(b) Not later than March 15 of each year, each prosecutor that submits an application for a warrant or order or an extension of a warrant or order under this article shall submit to the department the following information for the preceding calendar year:

(1) the information required to be submitted by a court under Subsection (a) with respect to each application submitted by the prosecutor for the warrant or order or an extension of the warrant or order;

(2) a general description of information collected under each warrant or order that was issued by the court, including the approximate number of individuals for whom location information was intercepted and the approximate duration of the monitoring of the location information of those individuals;

(3) the number of arrests made as a result of information obtained under a warrant or order issued under this article;

(4) the number of criminal trials commenced as a result of information obtained under a warrant or order issued under this article; and

(5) the number of convictions obtained as a result of information obtained under a warrant or order issued under this article.

(c) Information submitted to the department under this section is public information and subject to disclosure under Chapter 552, Government Code.

(d) Not later than June 1 of each year, the public safety director of the department shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the standing committees of the senate and house of representatives with primary jurisdiction over criminal justice. The report must contain the following information for the preceding calendar year:

(1) an assessment of the extent of the tracking or monitoring performed by law enforcement offices and agencies by means of the installation or use of a global positioning system wireless device tracker, international mobile subscriber identity locator, pen register, ESN reader, trap and trace device, or a similar device or equipment;

(2) a comparison of the ratio of the number of applications for warrants or orders made under this article to the number of arrests and convictions resulting from information obtained under a warrant or order issued under this article; and

(3) identification of the types of offenses investigated under a warrant or order issued under this article.

SECTION 11. Section 54.978(e), Government Code, is amended to read as follows:

(e) In this subsection, "global positioning system wireless device tracker," "international mobile subscriber identity locator," "pen register," "ESN reader," "trap and trace device," and "mobile tracking device" have the meanings assigned by Section 18.21, Code of Criminal Procedure. A magistrate may:

(1) notwithstanding Section 2(a), Article 18.21, Code of Criminal Procedure, issue an order under Section 2, Article 18.21, Code of Criminal Procedure, for the installation and use of:

(A) a global positioning system wireless device tracker;

(B) an international mobile subscriber identity locator;

(C) a pen register;

(D) [(B)] an ESN reader;

(E) [(C)] a trap and trace device; or

(F) a similar device or [(D)] equipment [that combines the function of a pen register and a trap and trace device];

(2) issue an order to obtain access to stored communications under Section 5, Article 18.21, Code of Criminal Procedure; and

(3) notwithstanding Section 14(a), Article 18.21, Code of Criminal Procedure, issue an order for the installation and use of a mobile tracking device under Section 14, Article 18.21, Code of Criminal Procedure.

SECTION 12. The heading to Section 16.03, Penal Code, is amended to read as follows:

Sec. 16.03. UNLAWFUL USE OF INTERNATIONAL MOBILE SUBSCRIBER IDENTITY LOCATOR, PEN REGISTER, OR TRAP AND TRACE DEVICE.

SECTION 13. Sections 16.03(a), (b), and (c), Penal Code, are amended to read as follows:

(a) A person commits an offense if the person knowingly installs or uses:

(1) an international mobile subscriber identity locator to obtain location information from a cellular telephone or other wireless communications device; or

(2) a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.

(b) In this section, "authorized peace officer," "communications common carrier," "international mobile subscriber identity locator," "location information," "pen register," and "trap and trace device" have the meanings assigned by Article 18.21, Code of Criminal Procedure.

(c) It is an affirmative defense to prosecution under Subsection (a) that the actor is:

(1) an officer, employee, or agent of a communications common carrier or of the provider of an electronic communications service or remote computing service and the actor installs or uses a device or equipment to obtain information from a cellular telephone or other wireless communications device or to record a number dialed from or to a telephone [instrument] in the normal course of business of the carrier or service provider for purposes of:

(A) protecting property or services provided by the carrier or service provider; or

(B) assisting another who the actor reasonably believes to be a peace officer authorized to install or use an international mobile subscriber identity locator, a pen register, or a trap and trace device under Article 18.21, Code of Criminal Procedure;

(2) an officer, employee, or agent of a lawful enterprise and the actor installs or uses a device or equipment while engaged in an activity that:

(A) is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise; and

(B) is not made for the purpose of gathering information for a law enforcement agency or private investigative agency, other than information related to the theft of communication or information services provided by the enterprise; or

(3) a person authorized to install or use an international mobile subscriber identity locator, a pen register, or a trap and trace device under Article 18.21, Code of Criminal Procedure.

SECTION 14. (a) The change in law made by this Act applies only to a warrant issued on or after the effective date of this Act. A warrant issued before the effective date of this Act is governed by the law in effect on the date the warrant was issued, and the former law is continued in effect for that purpose.

(b) A prosecutor is not required to file the initial annual report required by Section 18(b), Article 18.21, Code of Criminal Procedure, as added by this Act, before March 15, 2017. The initial annual report must cover the 2016 calendar year.

SECTION 15. This Act takes effect September 1, 2015.