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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a wireless communication jamming device in a |
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correctional facility operated by the Texas Department of Criminal |
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Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 500, Government Code, is amended by |
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adding Section 500.009 to read as follows: |
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Sec. 500.009. WIRELESS COMMUNICATION JAMMING DEVICES. (a) |
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In this section: |
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(1) "Wireless communication device" means a device |
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that uses a commercial mobile service, as defined by 47 U.S.C. |
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Section 332. |
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(2) "Wireless communication jamming device" means a |
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device, mechanism, instrument, or system that: |
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(A) transmits a signal on the same radio |
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frequency range as a wireless communication device; and |
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(B) is designed, manufactured, used, or intended |
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to be used to disrupt, interfere with, jam, or otherwise cause to |
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malfunction the signal of a wireless communication device. |
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(b) The department may install and maintain a wireless |
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communication jamming device in a correctional facility operated by |
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the department. |
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(c) The attorney general shall defend the department in any |
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action or suit brought against the department for an act of the |
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department consistent with this section. |
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(d) The department is not required to comply with any |
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federal statute, rule, regulation, court decision, or order, |
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including a court order, that conflicts with this section. |
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SECTION 2. It is the intent of the legislature that the |
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authorization provided by Section 500.009, Government Code, as |
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added by this Act, be given effect without regard to any conflicting |
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federal law or court decision. |
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SECTION 3. This Act takes effect September 1, 2023. |