Texas 2015 - 84th Regular

Texas House Bill HB3790 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R27390 GCB-F
2	2	By: Fletcher H.B. No. 3790
3	3	Substitute the following for H.B. No. 3790:
4	4	By: Koop C.S.H.B. No. 3790
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the electronic customer data that certain peace
10	10	officers may obtain by warrant, order, or other legal process from a
11	11	provider of a wire or electronic communications service or remote
12	12	computing service or from a communication common carrier.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1, Article 18.21, Code of Criminal
15	15	Procedure, is amended by adding Subdivisions (2-a), (8-a), (9-a),
16	16	and (9-b) and amending Subdivisions (3-c), (4), and (6) to read as
17	17	follows:
18	18	(2-a) "Call detail record" means information produced
19	19	by a telephone exchange or other telecommunications device or
20	20	equipment that documents the transactional details of a wire or
21	21	electronic communication that passes through the exchange, device,
22	22	or equipment. The term includes information such as the time,
23	23	duration, completion status, source number, and destination number
24	24	of a wire or electronic communication, but does not include the
25	25	content of the communication.
26	26	(3-c) "Electronic customer data" means data or records
27	27	that:
28	28	(A) are in the possession, care, custody, or
29	29	control of a provider of a wire or [an] electronic communications
30	30	service or a remote computing service; and
31	31	(B) contain:
32	32	(i) information revealing the identity of
33	33	customers or subscribers of the applicable service;
34	34	(ii) information about a customer's or
35	35	subscriber's use of the applicable service, including:
36	36	(a) call detail records;
37	37	(b) telephone call toll billing
38	38	records;
39	39	(c) wireless Internet access point
40	40	transactional records;
41	41	(d) records relating to a short
42	42	message service or text message service that do not include the
43	43	contents of the messages; and
44	44	(e) telecommunication identifying
45	45	information;
46	46	(iii) information that identifies the
47	47	recipient or destination of a wire communication or electronic
48	48	communication sent to or by the customer;
49	49	(iv) the content of a wire communication or
50	50	electronic communication sent to or by the customer or subscriber;
51	51	or [and]
52	52	(v) any data stored with the applicable
53	53	service provider by or on behalf of the customer or subscriber [with
54	54	the applicable service provider].
55	55	(4) "ESN reader" means a device that records
56	56	telecommunication identifying information [the electronic serial
57	57	number] from the data track of a [wireless telephone,] cellular
58	58	telephone[,] or other wireless communications [similar
59	59	communication] device that transmits its operational status to a
60	60	base site, if the telephone or device does not intercept the
61	61	contents of a communication.
62	62	(6) "Pen register" means a device or process that
63	63	records or decodes dialing, routing, addressing, or signaling
64	64	information or telecommunication identifying information that is
65	65	transmitted by an instrument or facility from which a wire or
66	66	electronic communication is transmitted, if the information does
67	67	not include the contents of the communication. The term does not
68	68	include a device used by a provider or customer of a wire or
69	69	electronic communication service in the ordinary course of the
70	70	provider's or customer's business for purposes of:
71	71	(A) billing or recording as an incident to
72	72	billing for communications services; or
73	73	(B) cost accounting, security control, or other
74	74	ordinary business purposes.
75	75	(8-a) "Subscriber or customer bulk records" means the
76	76	records of a provider of a wire or electronic communications
77	77	service or a remote computing service that contain
78	78	telecommunication identifying information for all of the service's
79	79	subscribers or customers in a specific geographic area. The term
80	80	does not include the contents of a wire communication or electronic
81	81	communication.
82	82	(9-a) "Telecommunication identifying information"
83	83	means an electronic serial number or other number or signal that is
84	84	not part of the content of any wire communication or electronic
85	85	communication and that is associated with a specific:
86	86	(A) cellular telephone or other wireless
87	87	communications device;
88	88	(B) customer or subscriber account; or
89	89	(C) data track of an electronic communication.
90	90	(9-b) "Telephone call toll billing record" means a
91	91	record retained by a wire or electronic communications service or a
92	92	remote computing service that identifies, for a telephone toll
93	93	call, the following billing information:
94	94	(A) the name, address, and telephone number of
95	95	the caller;
96	96	(B) the telephone number called; and
97	97	(C) the date, time, and length of the call.
98	98	SECTION 2. Section 4, Article 18.21, Code of Criminal
99	99	Procedure, is amended by amending Subsections (a) and (b) and
100	100	adding Subsections (b-1), (b-2), and (b-3) to read as follows:
101	101	(a) An authorized peace officer may require a provider of a
102	102	wire or [an] electronic communications service or a provider of a
103	103	remote computing service to disclose electronic customer data that
104	104	is in electronic storage by obtaining a warrant under Section 5A.
105	105	(b) An authorized peace officer may require a provider of a
106	106	wire or [an] electronic communications service or a provider of a
107	107	remote computing service to disclose information described by
108	108	Subsection (b-1) or (b-2) [only electronic customer data that is
109	109	information revealing the identity of customers of the applicable
110	110	service or information about a customer's use of the applicable
111	111	service,] without giving the subscriber or customer notice:
112	112	(1) by obtaining an administrative subpoena
113	113	authorized by statute;
114	114	(2) by obtaining a grand jury subpoena;
115	115	(3) by obtaining a warrant under Section 5A;
116	116	(4) by obtaining the consent of the subscriber, [or]
117	117	customer, or user of the applicable service to the disclosure of the
118	118	data;
119	119	(5) by obtaining a court order under Section 5; or
120	120	(6) as otherwise permitted by applicable federal law.
121	121	(b-1) Under Subsection (b), an authorized peace officer may
122	122	obtain the following electronic customer data:
123	123	(1) call detail records;
124	124	(2) records relating to the Internet Protocol address
125	125	used by a computer or wireless communications device;
126	126	(3) telephone call toll billing records;
127	127	(4) records relating to a short message service or
128	128	text message service that do not include the contents of the
129	129	messages;
130	130	(5) wireless Internet access point transactional
131	131	records;
132	132	(6) telecommunication identifying information; or
133	133	(7) any other electronic customer data that:
134	134	(A) reveals the identity of customers or
135	135	subscribers of the applicable service; or
136	136	(B) provides information about a customer's or
137	137	subscriber's use of the applicable service.
138	138	(b-2) In an ongoing criminal investigation, an authorized
139	139	peace officer may obtain subscriber or customer bulk records under
140	140	Subsection (b) for the purpose of locating a suspect or wireless
141	141	communications device or identifying an unknown suspect or wireless
142	142	communications device by means of a pen register or trap and trace
143	143	device.
144	144	(b-3) This section does not authorize a peace officer,
145	145	whether under the authority of a subpoena or otherwise, to obtain,
146	146	or to require a provider of a wire or electronic communications
147	147	service or a provider of a remote computing service to disclose,
148	148	electronic customer data in electronic storage that is the content
149	149	of a wire communication or electronic communication, including any
150	150	images or videos contained in the information.
151	151	SECTION 3. The change in law made by this Act applies to the
152	152	disclosure of certain information by a provider of a wire or
153	153	electronic communications service or remote computing service or by
154	154	a communication common carrier under a warrant, order, or other
155	155	legal process on or after the effective date of this Act.
156	156	SECTION 4. This Act takes effect September 1, 2015.