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A BILL TO BE ENTITLED
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AN ACT
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relating to law enforcement access to cell site information stored |
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by certain entities providing wireless service to a wireless |
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communications device. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.02(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A search warrant may be issued to search for and seize: |
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(1) property acquired by theft or in any other manner |
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which makes its acquisition a penal offense; |
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(2) property specially designed, made, or adapted for |
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or commonly used in the commission of an offense; |
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(3) arms and munitions kept or prepared for the |
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purposes of insurrection or riot; |
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(4) weapons prohibited by the Penal Code; |
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(5) gambling devices or equipment, altered gambling |
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equipment, or gambling paraphernalia; |
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(6) obscene materials kept or prepared for commercial |
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distribution or exhibition, subject to the additional rules set |
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forth by law; |
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(7) a drug, controlled substance, immediate |
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precursor, chemical precursor, or other controlled substance |
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property, including an apparatus or paraphernalia kept, prepared, |
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or manufactured in violation of the laws of this state; |
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(8) any property the possession of which is prohibited |
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by law; |
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(9) implements or instruments used in the commission |
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of a crime; |
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(10) property or items, except the personal writings |
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by the accused, constituting evidence of an offense or constituting |
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evidence tending to show that a particular person committed an |
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offense; |
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(11) persons; |
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(12) contraband subject to forfeiture under Chapter 59 |
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of this code; |
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(13) electronic customer data held in electronic |
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storage, including: |
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(A) the contents of and records and other |
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information related to a wire communication or electronic |
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communication held in electronic storage; and |
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(B) cell site information; or |
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(14) a cellular telephone or other wireless |
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communications device, subject to Article 18.0215. |
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SECTION 2. Article 18.02(b)(2), Code of Criminal Procedure, |
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as effective January 1, 2019, is amended to read as follows: |
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(2) "Cell site information," "electronic |
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["Electronic] customer data," [data"] and "electronic storage" |
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have the meanings assigned by Article 18B.001. |
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SECTION 3. Article 18B.001, Code of Criminal Procedure, is |
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amended by adding Subdivision (1-a) and amending Subdivision (7) to |
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read as follows: |
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(1-a) "Cell site information" means information that |
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reveals the location of a cellular telephone or other wireless |
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communications device and that is derived from the device's |
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connections to radio antennas through which a provider of an |
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electronic communications service or provider of a remote computing |
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service provides wireless service to that device. |
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(7) "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 an electronic communications service or |
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provider of 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 of the applicable service; |
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(ii) information about a customer's use of |
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the applicable service; |
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(iii) information that identifies the |
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recipient or destination of a wire or electronic communication sent |
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to or by a customer; |
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(iv) the content of a wire or electronic |
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communication sent to or by a customer; [and] |
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(v) cell site information; and |
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(vi) any data stored with the applicable |
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service provider by or on behalf of a customer. |
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SECTION 4. The changes in law made by this Act apply only to |
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a warrant issued on or after the effective date of this Act. A |
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warrant issued before the effective date of this Act is governed by |
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the law in effect on the date the warrant was issued, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |