Texas 2015 - 84th Regular

Texas House Bill HB3169

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requiring the consent of all parties to legally intercept certain communications.

Impact

If enacted, HB 3169 will tighten the regulations surrounding communication interceptions, making it illegal to intercept conversations without the consent of all involved parties. This is likely to impact law enforcement and other entities that rely on the ability to monitor communications for legitimate purposes, as increased compliance burdens may arise. Furthermore, the bill introduces specific conditions under which intercepts are permissible, thus potentially limiting the scope of permissible actions by telecommunication providers and law enforcement under existing laws.

Summary

House Bill 3169 relates to the legal requirements for intercepting communications, mandating that consent be obtained from all parties involved in a conversation before any interception can take place. This change aims to strengthen privacy protections for individuals by ensuring that they are aware of and agree to any monitoring of their communications. The bill proposes amendments to the Civil Practice and Remedies Code and the Penal Code to reflect these requirements, including stipulations related to telephone, electronic, and wire communications.

Contention

There are notable concerns regarding the implications of HB 3169. Supporters argue that the bill is a necessary update to privacy laws that will protect individuals from unauthorized surveillance, which has become increasingly relevant in the age of digital communications. Conversely, critics may raise issues about the potential implications for public safety and law enforcement capabilities. The requirement for all-party consent could hinder investigations where timely access to information is crucial, such as in cases involving immediate risks to public safety.

Notable_points

Overall, the discussions around HB 3169 highlight the tension between individual privacy rights and the needs of law enforcement agencies. Advocates for civil liberties champion this bill as a further step toward safeguarding personal privacy as technology evolves. However, the law enforcement community may express concerns about decreased efficacy in intercepting communications that can prevent crime or harm in urgent situations. The balance of these interests will be critical as the bill moves through the legislative process.

Companion Bills

TX SB1223

Identical Relating to requiring the consent of all parties to legally intercept certain communications.

Similar Bills

LA SB710

Provides relative to the interception of communications. (8/1/12)

AL SB26

Drug trafficking, wiretapping by ALEA, interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for intercept and to apply for intercept orders, disclosure of recorded communications, penalties for violations, Secs. 20-2A-1 to 20-2A-15, inclusive, added

AL HB17

Drug trafficking, wiretapping by ALEA, interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for intercept and to apply for intercept orders, disclosure of recorded communications, penalties for violations, Secs. 20-2A-1 to 20-2A-15, inclusive, added

HI SB284

Relating To Interception Of Wire, Oral, Or Electronic Communication.

CA SB439

Criminal procedure: wiretapping: authorization and disclosure.

KY HB725

AN ACT relating to crimes and punishments.

LA SB105

Provides a monetary penalty for the introduction of contraband into a correctional facility by a visitor. (8/1/12) (REF INCREASE SG RV See Note)

AL HB137

ALEA; wiretapping; interpreters authorized; extend law indefinitely