84R27390 GCB-F
By: Fletcher H.B. No. 3790
Substitute the following for H.B. No. 3790:
By: Koop C.S.H.B. No. 3790
A BILL TO BE ENTITLED
AN ACT
relating to the electronic customer data that certain peace
officers may obtain by warrant, order, or other legal process from a
provider of a wire or electronic communications service or remote
computing service or from a communication common carrier.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 18.21, Code of Criminal
Procedure, is amended by adding Subdivisions (2-a), (8-a), (9-a),
and (9-b) and amending Subdivisions (3-c), (4), and (6) to read as
follows:
(2-a) "Call detail record" means information produced
by a telephone exchange or other telecommunications device or
equipment that documents the transactional details of a wire or
electronic communication that passes through the exchange, device,
or equipment. The term includes information such as the time,
duration, completion status, source number, and destination number
of a wire or electronic communication, but does not include the
content of the communication.
(3-c) "Electronic customer data" means data or records
that:
(A) are in the possession, care, custody, or
control of a provider of a wire or [an] electronic communications
service or a remote computing service; and
(B) contain:
(i) information revealing the identity of
customers or subscribers of the applicable service;
(ii) information about a customer's or
subscriber's use of the applicable service, including:
(a) call detail records;
(b) telephone call toll billing
records;
(c) wireless Internet access point
transactional records;
(d) records relating to a short
message service or text message service that do not include the
contents of the messages; and
(e) telecommunication identifying
information;
(iii) information that identifies the
recipient or destination of a wire communication or electronic
communication sent to or by the customer;
(iv) the content of a wire communication or
electronic communication sent to or by the customer or subscriber;
or [and]
(v) any data stored with the applicable
service provider by or on behalf of the customer or subscriber [with
the applicable service provider].
(4) "ESN reader" means a device that records
telecommunication identifying information [the electronic serial
number] from the data track of a [wireless telephone,] cellular
telephone[,] or other wireless communications [similar
communication] device that transmits its operational status to a
base site, if the telephone or device does not intercept the
contents of a communication.
(6) "Pen register" means a device or process that
records or decodes dialing, routing, addressing, or signaling
information or telecommunication identifying information that is
transmitted by an instrument or facility from which a wire or
electronic communication is transmitted, if the information does
not include the contents of the communication. The term does not
include a device used by a provider or customer of a wire or
electronic communication service in the ordinary course of the
provider's or customer's business for purposes of:
(A) billing or recording as an incident to
billing for communications services; or
(B) cost accounting, security control, or other
ordinary business purposes.
(8-a) "Subscriber or customer bulk records" means the
records of a provider of a wire or electronic communications
service or a remote computing service that contain
telecommunication identifying information for all of the service's
subscribers or customers in a specific geographic area. The term
does not include the contents of a wire communication or electronic
communication.
(9-a) "Telecommunication identifying information"
means an electronic serial number or other number or signal that is
not part of the content of any wire communication or electronic
communication and that is associated with a specific:
(A) cellular telephone or other wireless
communications device;
(B) customer or subscriber account; or
(C) data track of an electronic communication.
(9-b) "Telephone call toll billing record" means a
record retained by a wire or electronic communications service or a
remote computing service that identifies, for a telephone toll
call, the following billing information:
(A) the name, address, and telephone number of
the caller;
(B) the telephone number called; and
(C) the date, time, and length of the call.
SECTION 2. Section 4, Article 18.21, Code of Criminal
Procedure, is amended by amending Subsections (a) and (b) and
adding Subsections (b-1), (b-2), and (b-3) to read as follows:
(a) An authorized peace officer may require a provider of a
wire or [an] electronic communications service or a provider of a
remote computing service to disclose electronic customer data that
is in electronic storage by obtaining a warrant under Section 5A.
(b) An authorized peace officer may require a provider of a
wire or [an] electronic communications service or a provider of a
remote computing service to disclose information described by
Subsection (b-1) or (b-2) [only electronic customer data that is
information revealing the identity of customers of the applicable
service or information about a customer's use of the applicable
service,] 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 under Section 5A;
(4) by obtaining the consent of the subscriber, [or]
customer, or user of the applicable service to the disclosure of the
data;
(5) by obtaining a court order under Section 5; or
(6) as otherwise permitted by applicable federal law.
(b-1) Under Subsection (b), an authorized peace officer may
obtain the following electronic customer data:
(1) call detail records;
(2) records relating to the Internet Protocol address
used by a computer or wireless communications device;
(3) telephone call toll billing records;
(4) records relating to a short message service or
text message service that do not include the contents of the
messages;
(5) wireless Internet access point transactional
records;
(6) telecommunication identifying information; or
(7) any other electronic customer data that:
(A) reveals the identity of customers or
subscribers of the applicable service; or
(B) provides information about a customer's or
subscriber's use of the applicable service.
(b-2) In an ongoing criminal investigation, an authorized
peace officer may obtain subscriber or customer bulk records under
Subsection (b) for the purpose of locating a suspect or wireless
communications device or identifying an unknown suspect or wireless
communications device by means of a pen register or trap and trace
device.
(b-3) This section does not authorize a peace officer,
whether under the authority of a subpoena or otherwise, to obtain,
or to require a provider of a wire or electronic communications
service or a provider of a remote computing service to disclose,
electronic customer data in electronic storage that is the content
of a wire communication or electronic communication, including any
images or videos contained in the information.
SECTION 3. The change in law made by this Act applies to the
disclosure of certain information by a provider of a wire or
electronic communications service or remote computing service or by
a communication common carrier under a warrant, order, or other
legal process on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2015.