Bill Text: TX HB3790 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-12 - Committee report sent to Calendars [HB3790 Detail]
Download: Texas-2015-HB3790-Comm_Sub.html
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 |
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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 [ |
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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 [ |
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(v) any data stored with the applicable | ||
service provider by or on behalf of the customer or subscriber [ |
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(4) "ESN reader" means a device that records | ||
telecommunication identifying information [ |
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telephone[ |
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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 [ |
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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 [ |
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remote computing service to disclose information described by | ||
Subsection (b-1) or (b-2) [ |
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(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, [ |
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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. |