By: Stickland H.B. No. 3164
A BILL TO BE ENTITLED
AN ACT
relating to requiring a search warrant for government access to
stored communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.21, Code of Criminal Procedure, is
amended by amending section 4 to read as follows:
Sec. 4. [(a)] An authorized peace officer may require a provider
of electronic communications service to disclose the contents of a
wire communication or an electronic communication [that has been]
in electronic storage [for not longer than 180 days] by obtaining a
warrant.
[(b) An authorized peace officer may require a provider of
electronic communications service to disclose the contents of a
wire communication or an electronic communication that has been in
electronic storage for longer than 180 days:
(1) if notice is not being given to the subscriber or
customer, by obtaining a warrant;
(2) if notice is being given to the subscriber or
customer, by obtaining:
(A) an administrative subpoena authorized by
statute;
(B) a grand jury subpoena; or
(C) a court order issued under Section 5 of this
article; or
(3) as otherwise permitted by applicable federal law.
(c)(1) An authorized peace officer may require a provider of
a remote computing service to disclose the contents of a wire
communication or an electronic communication as described in
Subdivision (2) of this subsection:
(A) if notice is not being given to the
subscriber or customer, by obtaining a warrant issued under this
code;
(B) if notice is being given to the subscriber or
customer, by:
(i) an administrative subpoena authorized
by statute;
(ii) a grand jury subpoena; or
(iii) a court order issued under Section 5
of this article; or
(C) as otherwise permitted by applicable federal
law.
(2) Subdivision (1) of this subsection applies only to
a wire communication or an electronic communication that is in
electronic storage:
(A) on behalf of a subscriber or customer of the
service and is received by means of electronic transmission from or
created by means of computer processing of communications received
by means of electronic transmission from the subscriber or
customer; and
(B) solely for the purpose of providing storage
or computer processing services to the subscriber or customer if
the provider of the service is not authorized to obtain access to
the contents of those communications for purposes of providing any
service other than storage or computer processing.
(d) An authorized peace officer may require a provider of
remote computing service to disclose records or other information
pertaining to a subscriber or customer of the service, other than
communications described in Subsection (c) of this section, 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;
(4) by obtaining the consent of the subscriber or
customer to the disclosure of the records or information;
(5) by obtaining a court order under Section 5 of this
article; or
(6) as otherwise permitted by applicable federal law.
(e) A provider of telephonic communications service shall
disclose to an authorized peace officer, without any form of legal
process, subscriber listing information, including name, address,
and telephone number or similar access code that:
(1) the service provides to others in the course of
providing publicly available directory or similar assistance; or
(2) is solely for use in the dispatch of emergency
vehicles and personnel responding to a distress call directed to an
emergency dispatch system or when the information is reasonably
necessary to aid in the dispatching of emergency vehicles and
personnel for the immediate prevention of death, personal injury,
or destruction of property.
(f) A provider of telephonic communications service shall
provide an authorized peace officer with the name of the subscriber
of record whose published telephone number is provided to the
service by an authorized peace officer.]
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.