| 1 | 1 | | By: Frazier H.B. No. 3197 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to definition change for certain customer data, |
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| 7 | 7 | | communications, and other information held in electronic storage in |
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| 8 | 8 | | this state and other states by providers of electronic |
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| 9 | 9 | | communications services and remote computing services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 18B, Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Art. 18.001. DEFINITIONS. |
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| 14 | 14 | | (7) "Electronic customer data" means data or records |
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| 15 | 15 | | that: |
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| 16 | 16 | | (A) are in the possession, care, custody, or |
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| 17 | 17 | | control of a provider of an electronic communications service or |
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| 18 | 18 | | provider of a remote computing service; and |
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| 19 | 19 | | (B) contain: |
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| 20 | 20 | | (i) information revealing the identity of |
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| 21 | 21 | | customers of the applicable service; |
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| 22 | 22 | | (ii) information about a customer's use of |
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| 23 | 23 | | the applicable service, including the telephone number assigned to |
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| 24 | 24 | | the customer's device and any recipients' telephone numbers for |
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| 25 | 25 | | communications originated by that device; |
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| 26 | 26 | | (iii) information, other than a telephone |
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| 27 | 27 | | number, that identifies the recipient or destination of a wire or |
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| 28 | 28 | | electronic communication sent to or by a customer; |
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| 29 | 29 | | (iv) the content of a wire or electronic |
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| 30 | 30 | | communication sent to or by a customer; |
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| 31 | 31 | | (v) any data stored with the applicable |
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| 32 | 32 | | service provider by or on behalf of a customer; or |
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| 33 | 33 | | (vi) location information. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2023. |
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