Texas House Bill HB3493

Texas 2013 - 83rd Regular

Caption

Relating to the interception of wire, oral, or electronic communications for law enforcement purposes.

Impact

The passage of HB 3493 is anticipated to reinforce law enforcement capabilities in monitoring communications, fundamentally impacting how data relevant to investigations is obtained. By clearly delineating who can operate interception devices and under what circumstances, the legislation aims to streamline procedures for obtaining court orders related to surveillance. This may enhance operational efficiencies for law enforcement agencies while ensuring some level of judicial oversight.

Summary

House Bill 3493 seeks to amend the Code of Criminal Procedure regarding the interception of wire, oral, or electronic communications for law enforcement purposes. This bill centralizes the authority for such interceptions primarily with the Department of Public Safety (DPS) and restricts the operation of interception devices to designated law enforcement officials. The amendments define terms such as 'pen register' and provide details about the devices that can be used for recording communication metadata, which is pivotal for law enforcement activities.

Contention

Despite its law enforcement advantages, the bill raises significant concerns about privacy and civil liberties. Critics argue that increased surveillance capabilities could lead to abuses of power and infringe on individuals' rights to privacy. The bill's reliance on electronic communication metadata, which does not include the content of communications, still poses risks of overreach in the absence of rigorous safeguards. The debate around HB 3493 encapsulates broader societal tensions regarding security needs versus privacy protections, making it a focal point of legislative contention.