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  H.B. No. 2931
 
 
 
 
AN ACT
  relating to the nonsubstantive revision of certain provisions of
  the Code of Criminal Procedure, including conforming amendments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
  CODE OF CRIMINAL PROCEDURE
         SECTION 1.01.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 18A to read as follows:
 
  CHAPTER 18A. DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, AND
  ELECTRONIC COMMUNICATIONS
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 18A.001.  DEFINITIONS 
  Art. 18A.002.  NONAPPLICABILITY 
  SUBCHAPTER B. APPLICATION FOR INTERCEPTION ORDER
  Art. 18A.051.  JUDGE OF COMPETENT JURISDICTION 
  Art. 18A.052.  REQUEST FOR FILING OF INTERCEPTION
                  APPLICATION 
  Art. 18A.053.  JURISDICTION 
  Art. 18A.054.  ALTERNATE JURISDICTION 
  Art. 18A.055.  APPLICATION FOR INTERCEPTION ORDER 
  SUBCHAPTER C. ISSUANCE OF INTERCEPTION ORDER AND RELATED ORDERS
  Art. 18A.101.  OFFENSES FOR WHICH INTERCEPTION ORDER
                  MAY BE ISSUED 
  Art. 18A.102.  JUDICIAL DETERMINATIONS REQUIRED FOR
                  ISSUANCE OF INTERCEPTION ORDER 
  Art. 18A.103.  CONTENTS OF INTERCEPTION ORDER 
  Art. 18A.104.  LIMITATION ON COVERT ENTRY 
  Art. 18A.105.  AUTHORITY TO ISSUE CERTAIN ANCILLARY
                  ORDERS 
  Art. 18A.106.  ORDER TO THIRD PARTY TO ASSIST WITH
                  EXECUTION OF INTERCEPTION ORDER 
  Art. 18A.107.  DURATION OF INTERCEPTION ORDER 
  Art. 18A.108.  EXTENSION OF INTERCEPTION ORDER 
  Art. 18A.109.  REPORT ON NEED FOR CONTINUED
                  INTERCEPTION 
  Art. 18A.110.  SUBSEQUENT CRIMINAL PROSECUTION RELATED
                  TO INTERCEPTION ORDER 
  SUBCHAPTER D. INTERCEPTION ORDER FOR COMMUNICATION BY
  SPECIFIED PERSON
  Art. 18A.151.  REQUIREMENTS REGARDING INTERCEPTION
                  ORDER FOR COMMUNICATION BY SPECIFIED
                  PERSON 
  Art. 18A.152.  IMPLEMENTATION OF INTERCEPTION ORDER 
  Art. 18A.153.  MOTION TO MODIFY OR QUASH INTERCEPTION
                  ORDER 
  SUBCHAPTER E. EMERGENCY INSTALLATION AND USE OF INTERCEPTION
  DEVICE
  Art. 18A.201.  DEFINITIONS 
  Art. 18A.202.  POSSESSION AND USE OF INTERCEPTION
                  DEVICE IN EMERGENCY SITUATION 
  Art. 18A.203.  CONSENT FOR EMERGENCY INTERCEPTION 
  Art. 18A.204.  WRITTEN ORDER AUTHORIZING INTERCEPTION 
  Art. 18A.205.  CERTAIN EVIDENCE NOT ADMISSIBLE 
  SUBCHAPTER F.  DETECTION OF CELLULAR TELEPHONE OR OTHER WIRELESS
  COMMUNICATIONS DEVICE IN CORRECTIONAL OR DETENTION FACILITY
  Art. 18A.251.  DEFINITION 
  Art. 18A.252.  USE OF INTERCEPTION DEVICE BY INSPECTOR
                  GENERAL 
  Art. 18A.253.  REPORTING USE OF INTERCEPTION DEVICE 
  Art. 18A.254.  NO EXPECTATION OF PRIVACY 
  SUBCHAPTER G.  AGENCIES AND PERSONNEL AUTHORIZED TO POSSESS AND USE
  INTERCEPTION DEVICES
  Art. 18A.301.  DEPARTMENT OF PUBLIC SAFETY AUTHORIZED
                  TO POSSESS AND USE INTERCEPTION DEVICE 
  Art. 18A.302.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE
                  AUTHORIZED TO POSSESS AND USE
                  INTERCEPTION DEVICE 
  Art. 18A.303.  TEXAS JUVENILE JUSTICE DEPARTMENT
                  AUTHORIZED TO POSSESS AND USE
                  INTERCEPTION DEVICE 
  SUBCHAPTER H.  DISCLOSURE AND USE OF INTERCEPTED COMMUNICATIONS
  Art. 18A.351.  DISCLOSURE OR USE OF INTERCEPTED
                  COMMUNICATIONS 
  Art. 18A.352.  DISCLOSURE UNDER OATH 
  Art. 18A.353.  PRIVILEGED COMMUNICATIONS 
  Art. 18A.354.  DISCLOSURE OR USE OF INCIDENTALLY
                  INTERCEPTED COMMUNICATIONS 
  Art. 18A.355.  NOTICE AND DISCLOSURE OF INTERCEPTION
                  APPLICATION, INTERCEPTION ORDER, AND
                  INTERCEPTED COMMUNICATIONS 
  Art. 18A.356.  NOTICE OF INTERCEPTION REQUIRED 
  Art. 18A.357.  COMMUNICATIONS RECEIVED IN EVIDENCE 
  Art. 18A.358.  SUPPRESSION OF CONTENTS OF INTERCEPTED
                  COMMUNICATIONS 
  SUBCHAPTER I. USE AND DISPOSITION OF APPLICATIONS AND ORDERS
  Art. 18A.401.  SEALING OF APPLICATION OR ORDER 
  Art. 18A.402.  CUSTODY OF APPLICATIONS AND ORDERS 
  Art. 18A.403.  DISCLOSURE OF APPLICATION OR ORDER 
  Art. 18A.404.  DESTRUCTION OF APPLICATION OR ORDER 
  SUBCHAPTER J. CREATION, USE, AND DISPOSITION OF RECORDINGS
  Art. 18A.451.  CREATION OF RECORDINGS 
  Art. 18A.452.  DUPLICATION OF RECORDINGS 
  Art. 18A.453.  SEALING AND CUSTODY OF RECORDINGS 
  Art. 18A.454.  DESTRUCTION OF RECORDINGS 
  Art. 18A.455.  PREREQUISITE FOR USE OR DISCLOSURE OF
                  RECORDING IN CERTAIN PROCEEDINGS 
  SUBCHAPTER K. VIOLATION; SANCTIONS
  Art. 18A.501.  CONTEMPT 
  Art. 18A.502.  RECOVERY OF CIVIL DAMAGES BY AGGRIEVED
                  PERSON 
  Art. 18A.503.  ACTION BROUGHT BY FEDERAL OR STATE
                  GOVERNMENT; INJUNCTION; PENALTIES 
  Art. 18A.504.  GOOD FAITH DEFENSE AVAILABLE 
  Art. 18A.505.  NO CAUSE OF ACTION 
  SUBCHAPTER L. REPORTS
  Art. 18A.551.  REPORT OF INTERCEPTED COMMUNICATIONS BY
                  JUDGE 
  Art. 18A.552.  REPORT OF INTERCEPTED COMMUNICATIONS BY
                  PROSECUTOR 
  Art. 18A.553.  REPORT OF INTERCEPTED COMMUNICATIONS BY
                  DEPARTMENT OF PUBLIC SAFETY 
  CHAPTER 18A. DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, AND
  ELECTRONIC COMMUNICATIONS
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 18A.001.  DEFINITIONS. In this chapter:
               (1)  "Access," "computer," "computer network,"
  "computer system," and "effective consent" have the meanings
  assigned by Section 33.01, Penal Code.
               (2)  "Aggrieved person" means a person who was a party
  to an intercepted wire, oral, or electronic communication or a
  person against whom the interception was directed.
               (3)  "Aural transfer" means a transfer containing the
  human voice at any point between and including the point of origin
  and the point of reception.
               (4)  "Communication common carrier" means a person
  engaged as a common carrier for hire in the transmission of wire or
  electronic communications.
               (5)  "Computer trespasser" means a person who accesses
  a protected computer without effective consent of the owner and has
  no reasonable expectation of privacy in a communication transmitted
  to, through, or from the protected computer. The term does not
  include a person who accesses the protected computer under an
  existing contractual relationship with the owner or operator of the
  computer.
               (6)  "Contents," with respect to a wire, oral, or
  electronic communication, includes any information concerning the
  substance, purport, or meaning of that communication.
               (7)  "Covert entry" means an entry that is made into or
  onto premises and that, if not authorized by a court order under
  this chapter, would violate the Penal Code.
               (8)  "Department" means the Department of Public Safety
  of the State of Texas.
               (9)  "Director" means:
                     (A)  the public safety director of the department;
  or
                     (B)  if the public safety director is absent or
  unable to serve, the assistant director of the department.
               (10)  "Electronic communication" means a transfer of
  any signs, signals, writing, images, sounds, data, or intelligence
  transmitted wholly or partly by a wire, radio, electromagnetic,
  photoelectronic, or photo-optical system. The term does not
  include:
                     (A)  a wire or oral communication;
                     (B)  a communication made through a tone-only
  paging device; or
                     (C)  a communication from a tracking device.
               (11)  "Electronic communications service" means a
  service that provides to users of the service the ability to send or
  receive wire or electronic communications.
               (12)  "ESN reader," "pen register," and "trap and trace
  device" have the meanings assigned by Article 18B.001.
               (13)  "Intercept" means the aural or other acquisition
  of the contents of a wire, oral, or electronic communication
  through the use of an interception device.
               (14)  "Interception device" means an electronic,
  mechanical, or other device that may be used for the nonconsensual
  interception of wire, oral, or electronic communications. The term
  does not include a telephone or telegraph instrument, the equipment
  or a facility used for the transmission of electronic
  communications, or a component of the equipment or a facility used
  for the transmission of electronic communications if the
  instrument, equipment, facility, or component is:
                     (A)  provided to a subscriber or user by a
  provider of a wire or electronic communications service in the
  ordinary course of the service provider's business and used by the
  subscriber or user in the ordinary course of the subscriber's or
  user's business;
                     (B)  provided by a subscriber or user for
  connection to the facilities of a wire or electronic communications
  service for use in the ordinary course of the subscriber's or user's
  business;
                     (C)  used by a communication common carrier in the
  ordinary course of the carrier's business; or
                     (D)  used by an investigative or law enforcement
  officer in the ordinary course of the officer's duties.
               (15)  "Interception order" means an order authorizing
  the interception of a wire, oral, or electronic communication.
               (16)  "Investigative or law enforcement officer"
  means:
                     (A)  an officer of this state or a political
  subdivision of this state who is authorized by law to investigate or
  make arrests for offenses described by Article 18A.101; or
                     (B)  an attorney authorized by law to prosecute or
  participate in the prosecution of those offenses.
               (17)  "Judge of competent jurisdiction" means a judge
  described by Article 18A.051.
               (18)  "Mobile tracking device" has the meaning assigned
  by Article 18B.201.
               (19)  "Oral communication" means a communication
  uttered by a person exhibiting an expectation that the
  communication is not subject to interception under circumstances
  justifying that expectation. The term does not include an
  electronic communication.
               (20)  "Prosecutor" means a district attorney, criminal
  district attorney, or county attorney performing the duties of a
  district attorney, with jurisdiction in the county within an
  administrative judicial region described by Article 18A.053.
               (21)  "Protected computer" means a computer, computer
  network, or computer system that is:
                     (A)  owned by a financial institution or
  governmental entity; or
                     (B)  used by or for a financial institution or
  governmental entity, if conduct constituting an offense affects
  that use.
               (22)  "Residence" means a structure or the portion of a
  structure used as a person's home or fixed place of habitation to
  which the person indicates an intent to return after a temporary
  absence.
               (23)  "User" means a person who uses an electronic
  communications service and is authorized by the service provider to
  use the service.
               (24)  "Wire communication" means an aural transfer made
  wholly or partly through the use of facilities for the transmission
  of communications by the aid of wire, cable, or other similar
  connection between the point of origin and the point of reception,
  including the use of the connection in a switching station, if those
  facilities are provided or operated by a person authorized to
  provide or operate the facilities for the transmission of
  communications as a communication common carrier. (Code Crim.
  Proc., Art. 18.20, Secs. 1(1), (2), (3), (4), (5), (6), (7) (part),
  (8), (9), (10), (11), (12), (13), (14), (15), (16), (18), (21),
  (24), (25), (26); New.)
         Art. 18A.002.  NONAPPLICABILITY. This chapter does not
  apply to conduct described as an affirmative defense under Section
  16.02(c), Penal Code, except as otherwise specifically provided by
  that section. (Code Crim. Proc., Art. 18.20, Sec. 17.)
  SUBCHAPTER B. APPLICATION FOR INTERCEPTION ORDER
         Art. 18A.051.  JUDGE OF COMPETENT JURISDICTION.  (a) For
  purposes of this chapter, a judge of competent jurisdiction is a
  judge from the panel of nine active district judges with criminal
  jurisdiction who is appointed by the presiding judge of the court of
  criminal appeals under this article.
         (b)  The presiding judge of the court of criminal appeals, by
  order filed with the clerk of that court, shall appoint one district
  judge from each of the administrative judicial regions of this
  state to serve at the presiding judge's pleasure as the judge of
  competent jurisdiction in that administrative judicial region.
         (c)  The presiding judge shall fill vacancies as those
  vacancies occur in the same manner. (Code Crim. Proc., Art. 18.20,
  Secs. 1(7), 3(a).)
         Art. 18A.052.  REQUEST FOR FILING OF INTERCEPTION
  APPLICATION. (a) The director may, based on written affidavits,
  request in writing that a prosecutor apply for an interception
  order.
         (b)  The head of a local law enforcement agency or, if the
  head of the agency is absent or unable to serve, the acting head of
  the local law enforcement agency may, based on written affidavits,
  request in writing that a prosecutor apply for an interception
  order.
         (c)  Before making a request under Subsection (b), the head
  of a local law enforcement agency must submit the request and
  supporting affidavits to the director.  The director shall make a
  written finding as to whether the request and supporting affidavits
  establish that other investigative procedures have been attempted
  and have failed or those procedures reasonably appear unlikely to
  succeed or to be too dangerous if attempted, is feasible, is
  justifiable, and whether the department has the necessary resources
  available.
         (d)  A prosecutor may file the application requested under
  Subsection (b) only after a written positive finding by the
  director on all of the requirements provided by Subsection (c).
  (Code Crim. Proc., Art. 18.20, Sec. 6.)
         Art. 18A.053.  JURISDICTION. Except as provided by Article
  18A.054, a judge of competent jurisdiction may act on an
  application for an interception order if any of the following is
  located in the administrative judicial region with respect to which
  the judge is appointed:
               (1)  the site of:
                     (A)  the proposed interception; or
                     (B)  the interception device to be installed or
  monitored;
               (2)  the communication device to be intercepted;
               (3)  the billing, residential, or business address of
  the subscriber to the electronic communications service to be
  intercepted;
               (4)  the headquarters of the law enforcement agency
  that makes the request for or will execute the interception order;
  or
               (5)  the headquarters of the service provider.  (Code
  Crim. Proc., Art. 18.20, Sec. 3(b).)
         Art. 18A.054.  ALTERNATE JURISDICTION. (a)  An application
  for an interception order may be made to the judge of competent
  jurisdiction in an administrative judicial region adjacent to a
  region described by Article 18A.053 if:
               (1)  the judge of competent jurisdiction for the
  administrative judicial region described by Article 18A.053 is
  absent or unable to serve; or
               (2)  exigent circumstances exist.
         (b)  Exigent circumstances under Subsection (a)(2) do not
  include a denial of a previous application on the same facts and
  circumstances. (Code Crim. Proc., Art. 18.20, Secs. 3(b) (part),
  (c) (part).)
         Art. 18A.055.  APPLICATION FOR INTERCEPTION ORDER.  (a)  A
  prosecutor applying for an interception order must make the
  application in writing under oath to a judge of competent
  jurisdiction.
         (b)  An application must:
               (1)  identify the prosecutor making the application and
  state the prosecutor's authority to make the application;
               (2)  identify the officer requesting the application;
               (3)  include a complete statement of the facts and
  circumstances relied on by the prosecutor to justify the
  prosecutor's belief that an order should be issued, including:
                     (A)  details about the particular offense that has
  been, is being, or is about to be committed;
                     (B)  except as otherwise provided by this chapter,
  a particular description of the nature and location of the
  facilities from which or the place where the communication is to be
  intercepted;
                     (C)  a particular description of the type of
  communication sought to be intercepted; and
                     (D)  the identity of the person, if known,
  committing the offense and whose communications are to be
  intercepted;
               (4)  include a complete statement as to whether other
  investigative procedures have been attempted and have failed or why
  those procedures reasonably appear to be unlikely to succeed or to
  be too dangerous if attempted;
               (5)  include a statement of the period for which the
  interception is required to be maintained and, if the nature of the
  investigation indicates that the interception order should not
  automatically terminate when the described type of communication is
  first obtained, a particular description of facts establishing
  probable cause to believe that additional communications of the
  same type will occur after the described type of communication is
  obtained;
               (6)  include a statement whether a covert entry will be
  necessary to properly and safely install wiretapping, electronic
  surveillance, or eavesdropping equipment and, if a covert entry is
  requested, a statement as to why a covert entry is necessary and
  proper under the facts of the particular investigation, including a
  complete statement as to whether other investigative techniques
  have been attempted and have failed or why those techniques
  reasonably appear to be unlikely to succeed or to be too dangerous
  if attempted or are not feasible under the circumstances or
  exigencies of time;
               (7)  include a complete statement of the facts
  concerning all applications known to the prosecutor that have been
  previously made to a judge for an interception order involving any
  persons, facilities, or places specified in the application and of
  the action taken by the judge on each application;
               (8)  if the application is for the extension of an
  order, include a statement providing the results already obtained
  from the interception or a reasonable explanation of the failure to
  obtain results; and
               (9)  if the application is made under Article 18A.054,
  fully explain the circumstances justifying application under that
  article.
         (c)  In an ex parte hearing in chambers, the judge may
  require additional testimony or documentary evidence to support the
  application.  The testimony or documentary evidence must be
  preserved as part of the application.  (Code Crim. Proc., Art.
  18.20, Secs. 3(c) (part), 8.)
  SUBCHAPTER C. ISSUANCE OF INTERCEPTION ORDER AND RELATED ORDERS
         Art. 18A.101.  OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
  ISSUED. A judge of competent jurisdiction may issue an
  interception order only if the prosecutor applying for the order
  shows probable cause to believe that the interception will provide
  evidence of the commission of:
               (1)  a felony under any of the following provisions of
  the Health and Safety Code:
                     (A)  Chapter 481, other than felony possession of
  marihuana;
                     (B)  Chapter 483; or
                     (C)  Section 485.032;
               (2)  an offense under any of the following provisions
  of the Penal Code:
                     (A)  Section 19.02;
                     (B)  Section 19.03;
                     (C)  Section 20.03;
                     (D)  Section 20.04;
                     (E)  Chapter 20A;
                     (F)  Chapter 34, if the criminal activity giving
  rise to the proceeds involves the commission of an offense under
  Title 5, Penal Code, or an offense under federal law or the laws of
  another state containing elements that are substantially similar to
  the elements of an offense under Title 5;
                     (G)  Section 38.11;
                     (H)  Section 43.04;
                     (I)  Section 43.05; or
                     (J)  Section 43.26; or
               (3)  an attempt, conspiracy, or solicitation to commit
  an offense listed in Subdivision (1) or (2). (Code Crim. Proc., Art.
  18.20, Sec. 4.)
         Art. 18A.102.  JUDICIAL DETERMINATIONS REQUIRED FOR
  ISSUANCE OF INTERCEPTION ORDER. On receipt of an application under
  Subchapter B, the judge may issue an ex parte interception order, as
  requested or as modified, if the judge determines from the evidence
  submitted by the prosecutor that:
               (1)  there is probable cause to believe that a person is
  committing, has committed, or is about to commit a particular
  offense described by Article 18A.101;
               (2)  there is probable cause to believe that particular
  communications concerning that offense will be obtained through the
  interception;
               (3)  normal investigative procedures have been
  attempted and have failed or reasonably appear to be unlikely to
  succeed or to be too dangerous if attempted;
               (4)  there is probable cause to believe that the
  facilities from which or the place where the wire, oral, or
  electronic communications are to be intercepted is being used or is
  about to be used in connection with the commission of an offense or
  is leased to, listed in the name of, or commonly used by the person;
  and
               (5)  a covert entry is or is not necessary to properly
  and safely install the wiretapping, electronic surveillance, or
  eavesdropping equipment. (Code Crim. Proc., Art. 18.20, Sec. 9(a).)
         Art. 18A.103.  CONTENTS OF INTERCEPTION ORDER. (a)  An
  interception order must specify:
               (1)  the identity of the person, if known, whose
  communications are to be intercepted;
               (2)  except as otherwise provided by this chapter, the
  nature and location of the communications facilities as to which or
  the place where authority to intercept is granted;
               (3)  a particular description of the type of
  communication sought to be intercepted and a statement of the
  particular offense to which the communication relates;
               (4)  the identity of the officer making the request and
  the identity of the prosecutor;
               (5)  the period during which the interception is
  authorized, including a statement of whether the interception will
  automatically terminate when the described communication is first
  obtained; and
               (6)  whether a covert entry or surreptitious entry is
  necessary to properly and safely install wiretapping, electronic
  surveillance, or eavesdropping equipment.
         (b)  Each interception order and extension of that order must
  provide that the authorization to intercept be executed as soon as
  practicable, be conducted in a way that minimizes the interception
  of communications not otherwise subject to interception under this
  chapter, and terminate on obtaining the authorized objective or
  within 30 days, whichever occurs sooner.
         (c)  For purposes of Subsection (b), if the intercepted
  communication is in code or a foreign language and an expert in that
  code or language is not reasonably available during the period of
  interception, minimization may be accomplished as soon as
  practicable after the interception. (Code Crim. Proc., Art. 18.20,
  Secs. 9(b), (d) (part).)
         Art. 18A.104.  LIMITATION ON COVERT ENTRY. (a) An
  interception order may not authorize a covert entry for the purpose
  of intercepting an oral communication unless:
               (1)  the judge, in addition to making the
  determinations required under Article 18A.102, determines:
                     (A)  that:
                           (i)  the premises into or onto which the
  covert entry is authorized or the person whose communications are
  to be obtained has been the subject of a pen register previously
  authorized in connection with the same investigation;
                           (ii)  the premises into or onto which the
  covert entry is authorized or the person whose communications are
  to be obtained has been the subject of an interception of wire or
  electronic communications previously authorized in connection with
  the same investigation; and
                           (iii)  the procedures under Subparagraphs
  (i) and (ii) have failed; or
                     (B)  that the procedures under Paragraph (A)
  reasonably appear to be unlikely to succeed or to be too dangerous
  if attempted or are not feasible under the circumstances or
  exigencies of time; and
               (2)  the interception order, in addition to the matters
  required to be specified under Article 18A.103(a), specifies that:
                     (A)  the covert entry is for the purpose of
  intercepting oral communications of two or more persons; and
                     (B)  there is probable cause to believe that the
  persons described by Paragraph (A) are committing, have committed,
  or are about to commit a particular offense described by Article
  18A.101.
         (b)  An interception order may not authorize a covert entry
  into a residence solely for the purpose of intercepting a wire or
  electronic communication. (Code Crim. Proc., Art. 18.20, Secs.
  9(e), (f).)
         Art. 18A.105.  AUTHORITY TO ISSUE CERTAIN ANCILLARY ORDERS.
  An interception order may include an order to:
               (1)  install or use a pen register, ESN reader, trap and
  trace device, or mobile tracking device or similar equipment that
  combines the function of a pen register and trap and trace device;
  or
               (2)  disclose a stored communication, information
  subject to an administrative subpoena, or information subject to
  access under Chapter 18B. (Code Crim. Proc., Art. 18.20, Sec. 9(c)
  (part).)
         Art. 18A.106.  ORDER TO THIRD PARTY TO ASSIST WITH EXECUTION
  OF INTERCEPTION ORDER. (a) On request of the prosecutor applying
  for an interception order, the judge may issue a separate order
  directing a provider of a wire or electronic communications
  service, communication common carrier, landlord, custodian, or
  other person to provide to the prosecutor all information,
  facilities, and technical assistance necessary to accomplish the
  interception unobtrusively and with a minimum of interference with
  the services that the service provider, carrier, landlord,
  custodian, or other person is providing the person whose
  communications are to be intercepted.
         (b)  A provider of a wire or electronic communications
  service, communication common carrier, landlord, custodian, or
  other person that provides facilities or technical assistance under
  an order described by Subsection (a) is entitled to compensation,
  at the prevailing rates, by the prosecutor for reasonable expenses
  incurred in providing the facilities or assistance. (Code Crim.
  Proc., Art. 18.20, Sec. 9(c) (part).)
         Art. 18A.107.  DURATION OF INTERCEPTION ORDER. An
  interception order may not authorize the interception of a
  communication for a period that:
               (1)  is longer than is necessary to achieve the
  objective of the authorization; or
               (2)  exceeds 30 days. (Code Crim. Proc., Art. 18.20,
  Sec. 9(d) (part).)
         Art. 18A.108.  EXTENSION OF INTERCEPTION ORDER. (a) A judge
  who issues an interception order may grant extensions of the order.
         (b)  An extension of an interception order may be granted
  only if:
               (1)  an application for an extension is made in
  accordance with Article 18A.055; and
               (2)  the judge makes the findings required by Article
  18A.102.
         (c)  The period of extension may not:
               (1)  be longer than the judge considers necessary to
  achieve the purposes for which the extension is granted; or
               (2)  exceed 30 days. (Code Crim. Proc., Art. 18.20,
  Sec. 9(d) (part).)
         Art. 18A.109.  REPORT ON NEED FOR CONTINUED INTERCEPTION.
  (a) An interception order may require reports to the judge who
  issued the order that show any progress toward achieving the
  authorized objective and the need for continued interception.
         (b)  Reports under this article must be made at any interval
  the judge requires. (Code Crim. Proc., Art. 18.20, Sec. 9(g).)
         Art. 18A.110.  SUBSEQUENT CRIMINAL PROSECUTION RELATED TO
  INTERCEPTION ORDER. A judge who issues an interception order may
  not hear a criminal prosecution in which:
               (1)  evidence derived from the interception may be
  used; or
               (2)  the order may be an issue. (Code Crim. Proc., Art.
  18.20, Sec. 9(h).)
  SUBCHAPTER D. INTERCEPTION ORDER FOR COMMUNICATION BY
  SPECIFIED PERSON
         Art. 18A.151.  REQUIREMENTS REGARDING INTERCEPTION ORDER
  FOR COMMUNICATION BY SPECIFIED PERSON. The requirements of
  Articles 18A.055(b)(3)(B) and 18A.103(a)(2) relating to the
  specification of the facilities from which or the place where a
  communication is to be intercepted do not apply if:
               (1)  in the case of an application for an interception
  order that authorizes the interception of an oral communication:
                     (A)  the application contains a complete
  statement as to why the specification is not practical and
  identifies the person committing or believed to be committing the
  offense and whose communications are to be intercepted; and
                     (B)  a judge of competent jurisdiction finds that
  the specification is not practical; or
               (2)  in the case of an application for an interception
  order that authorizes the interception of a wire or electronic
  communication:
                     (A)  the application identifies the person
  committing or believed to be committing the offense and whose
  communications are to be intercepted;
                     (B)  a judge of competent jurisdiction finds that
  the prosecutor has made an adequate showing of probable cause to
  believe that the actions of the person identified in the
  application could have the effect of preventing interception from a
  specified facility; and
                     (C)  the authority to intercept a wire or
  electronic communication under the interception order is limited to
  a period in which it is reasonable to presume that the person
  identified in the application will be reasonably proximate to the
  interception device. (Code Crim. Proc., Art. 18.20, Sec. 9A(a).)
         Art. 18A.152.  IMPLEMENTATION OF INTERCEPTION ORDER. A
  person implementing an interception order that authorizes the
  interception of an oral communication and that, as permitted by
  this subchapter, does not specify the facility from which or the
  place where a communication is to be intercepted may begin
  interception only after the person ascertains the place where the
  communication is to be intercepted. (Code Crim. Proc., Art. 18.20,
  Sec. 9A(b).)
         Art. 18A.153.  MOTION TO MODIFY OR QUASH INTERCEPTION ORDER.  
  (a)  A provider of a wire or electronic communications service that
  receives an interception order that authorizes the interception of
  a wire or electronic communication and that, as permitted by this
  subchapter, does not specify the facility from which or the place
  where a communication is to be intercepted may move the court to
  modify or quash the order on the ground that the service provider's
  assistance with respect to the interception cannot be performed in
  a timely or reasonable manner.
         (b)  On notice to the state, the court shall decide the
  motion expeditiously. (Code Crim. Proc., Art. 18.20, Sec. 9A(c).)
  SUBCHAPTER E. EMERGENCY INSTALLATION AND USE OF INTERCEPTION
  DEVICE
         Art. 18A.201.  DEFINITIONS.  In this subchapter:
               (1)  "Immediate life-threatening situation" means a
  hostage, barricade, or other emergency situation in which a person
  unlawfully and directly:
                     (A)  threatens another with death; or
                     (B)  exposes another to a substantial risk of
  serious bodily injury.
               (2)  "Member of a law enforcement unit specially
  trained to respond to and deal with life-threatening situations"
  means a peace officer who, as evidenced by the submission of
  appropriate documentation to the Texas Commission on Law
  Enforcement:
                     (A)  receives each year a minimum of 40 hours of
  training in hostage and barricade suspect situations; or
                     (B)  has received a minimum of 24 hours of
  training on kidnapping investigations and is:
                           (i)  the sheriff of a county with a
  population of 3.3 million or more or the sheriff's designee; or
                           (ii)  the police chief of a police
  department in a municipality with a population of 500,000 or more or
  the chief's designee.  (Code Crim. Proc., Art. 18.20, Secs. 1(22),
  (23).)
         Art. 18A.202.  POSSESSION AND USE OF INTERCEPTION DEVICE IN
  EMERGENCY SITUATION.  (a) The prosecutor in a county in which an
  interception device is to be installed or used shall designate in
  writing each peace officer in the county, other than a commissioned
  officer of the department, who is:
               (1)  a member of a law enforcement unit specially
  trained to respond to and deal with life-threatening situations;
  and
               (2)  authorized to possess an interception device and
  responsible for the installation, operation, and monitoring of the
  device in an immediate life-threatening situation.
         (b)  A peace officer designated under Subsection (a) or
  Article 18A.301(c) may possess, install, operate, or monitor an
  interception device if the officer:
               (1)  reasonably believes an immediate life-threatening
  situation exists that:
                     (A)  is within the territorial jurisdiction of the
  officer or another officer the officer is assisting; and
                     (B)  requires interception of communications
  before an interception order can, with due diligence, be obtained
  under this subchapter;
               (2)  reasonably believes there are sufficient grounds
  under this subchapter on which to obtain an interception order; and
               (3)  before beginning the interception, obtains oral or
  written consent to the interception from:
                     (A)  a judge of competent jurisdiction;
                     (B)  a district judge for the county in which the
  device will be installed or used; or
                     (C)  a judge or justice of a court of appeals or of
  a higher court.
         (c)  If a peace officer installs or uses an interception
  device under Subsection (b), the officer shall:
               (1)  promptly report the installation or use to the
  prosecutor in the county in which the device is installed or used;
  and
               (2)  within 48 hours after the installation is complete
  or the interception begins, whichever occurs first, obtain a
  written interception order from a judge of competent jurisdiction.
         (d)  A peace officer may certify to a communication common
  carrier that the officer is acting lawfully under this subchapter.
  (Code Crim. Proc., Art. 18.20, Secs. 8A(a), (b), (d), (g).)
         Art. 18A.203.  CONSENT FOR EMERGENCY INTERCEPTION. (a) An
  official described by Article 18A.202(b)(3) may give oral or
  written consent to the interception of communications under this
  subchapter to provide evidence of the commission of a felony, or of
  a threat, attempt, or conspiracy to commit a felony, in an immediate
  life-threatening situation.
         (b)  Oral or written consent given under this subchapter
  expires on the earlier of:
               (1)  48 hours after the grant of consent; or
               (2)  the conclusion of the emergency justifying the
  interception.  (Code Crim. Proc., Art. 18.20, Sec. 8A(c).)
         Art. 18A.204.  WRITTEN ORDER AUTHORIZING INTERCEPTION.  (a)  
  A judge of competent jurisdiction under Article 18A.051 or under
  Article 18A.202(b) may issue a written interception order under
  this subchapter during the 48-hour period prescribed by Article
  18A.202(c)(2).
         (b)  A written interception order under this subchapter
  expires on the earlier of:
               (1)  the 30th day after the date of execution of the
  order; or
               (2)  the conclusion of the emergency that initially
  justified the interception.
         (c)  If an interception order is denied or is not issued
  within the 48-hour period, the officer shall terminate use of and
  remove the interception device promptly on the earlier of:
               (1)  the denial;
               (2)  the end of the emergency that initially justified
  the interception; or
               (3)  the expiration of 48 hours.  (Code Crim. Proc.,
  Art. 18.20, Sec. 8A(e).)
         Art. 18A.205.  CERTAIN EVIDENCE NOT ADMISSIBLE. The state
  may not use as evidence in a criminal proceeding information gained
  through the use of an interception device installed under this
  subchapter if authorization for the device is not sought or is
  sought but not obtained.  (Code Crim. Proc., Art. 18.20,
  Secs. 8A(b) (part), (f).)
  SUBCHAPTER F.  DETECTION OF CELLULAR TELEPHONE OR OTHER WIRELESS
  COMMUNICATIONS DEVICE IN CORRECTIONAL OR DETENTION FACILITY
         Art. 18A.251.  DEFINITION. In this subchapter,
  "correctional facility" means:
               (1)  a place described by Section 1.07(a)(14), Penal
  Code; or
               (2)  a "secure correctional facility" or "secure
  detention facility" as defined by Section 51.02, Family Code. (Code
  Crim. Proc., Art. 18.20, Sec. 8B(a).)
         Art. 18A.252.  USE OF INTERCEPTION DEVICE BY INSPECTOR
  GENERAL. (a) Notwithstanding any other provision of this chapter
  or Chapter 18B, the office of inspector general of the Texas
  Department of Criminal Justice may:
               (1)  without a warrant, use an interception device to
  detect the presence or use of a cellular telephone or other wireless
  communications device in a correctional facility;
               (2)  without a warrant, intercept, monitor, detect, or,
  as authorized by applicable federal laws and regulations, prevent
  the transmission of a communication through a cellular telephone or
  other wireless communications device in a correctional facility;
  and
               (3)  use, to the extent authorized by law, any
  information obtained under Subdivision (2), including the contents
  of an intercepted communication, in a criminal or civil proceeding
  before a court or other governmental agency or entity.
         (b)  When using an interception device under Subsection (a),
  the office of inspector general shall minimize the impact of the
  device on a communication that is not reasonably related to the
  detection of the presence or use of a cellular telephone or other
  wireless communications device in a correctional facility.  (Code
  Crim. Proc., Art. 18.20, Secs. 8B(b), (d).)
         Art. 18A.253.  REPORTING USE OF INTERCEPTION DEVICE.  Not
  later than the 30th day after the date on which the office of
  inspector general uses an interception device under Article
  18A.252(a), the inspector general shall report the use of the
  device to:
               (1)  a prosecutor with jurisdiction in the county in
  which the device was used; or
               (2)  the special prosecution unit established under
  Subchapter E, Chapter 41, Government Code, if that unit has
  jurisdiction in the county in which the device was used.  (Code
  Crim. Proc., Art. 18.20, Sec. 8B(c).)
         Art. 18A.254.  NO EXPECTATION OF PRIVACY. (a) A person
  confined in a correctional facility does not have an expectation of
  privacy with respect to the possession or use of a cellular
  telephone or other wireless communications device located on the
  premises of the facility.
         (b)  A person confined in a correctional facility, and any
  person with whom the confined person communicates through the use
  of a cellular telephone or other wireless communications device,
  does not have an expectation of privacy with respect to the contents
  of a communication transmitted by the telephone or device.  (Code
  Crim. Proc., Art. 18.20, Sec. 8B(e).)
  SUBCHAPTER G.  AGENCIES AND PERSONNEL AUTHORIZED TO POSSESS AND USE
  INTERCEPTION DEVICES
         Art. 18A.301.  DEPARTMENT OF PUBLIC SAFETY AUTHORIZED TO
  POSSESS AND USE INTERCEPTION DEVICE. (a) Except as otherwise
  provided by this subchapter and Subchapters E and F, only the
  department is authorized by this chapter to own, possess, install,
  operate, or monitor an interception device.
         (b)  An investigative or law enforcement officer or other
  person may assist the department in the operation and monitoring of
  an interception of wire, oral, or electronic communications if the
  officer or other person:
               (1)  is designated by the director for that purpose;
  and
               (2)  acts in the presence and under the direction of a
  commissioned officer of the department.
         (c)  The director shall designate in writing the
  commissioned officers of the department who are responsible for the
  possession, installation, operation, and monitoring of
  interception devices for the department.  (Code Crim. Proc.,
  Art. 18.20, Secs. 5(a), (b).)
         Art. 18A.302.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE
  AUTHORIZED TO POSSESS AND USE INTERCEPTION DEVICE. (a) The Texas
  Department of Criminal Justice may own an interception device for a
  use or purpose authorized by Section 500.008, Government Code.
         (b)  The inspector general of the Texas Department of
  Criminal Justice, a commissioned officer of that office, or a
  person acting in the presence and under the direction of the
  commissioned officer may possess, install, operate, or monitor the
  interception device as provided by Section 500.008, Government
  Code.  (Code Crim. Proc., Art. 18.20, Sec. 5(c).)
         Art. 18A.303.  TEXAS JUVENILE JUSTICE DEPARTMENT AUTHORIZED
  TO POSSESS AND USE INTERCEPTION DEVICE. (a) The Texas Juvenile
  Justice Department may own an interception device for a use or
  purpose authorized by Section 242.103, Human Resources Code.
         (b)  The inspector general of the Texas Juvenile Justice
  Department, a commissioned officer of that office, or a person
  acting in the presence and under the direction of the commissioned
  officer may possess, install, operate, or monitor the interception
  device as provided by Section 242.103, Human Resources Code.  (Code
  Crim. Proc., Art. 18.20, Sec. 5(d).)
  SUBCHAPTER H.  DISCLOSURE AND USE OF INTERCEPTED COMMUNICATIONS
         Art. 18A.351.  DISCLOSURE OR USE OF INTERCEPTED
  COMMUNICATIONS. An investigative or law enforcement officer who,
  by means authorized by this chapter, obtains knowledge of the
  contents of a wire, oral, or electronic communication or evidence
  derived from the communication may:
               (1)  use the contents or evidence to the extent the use
  is appropriate to the proper performance of the officer's official
  duties; or
               (2)  disclose the contents or evidence to another
  investigative or law enforcement officer, including a law
  enforcement officer or agent of the United States or of another
  state, to the extent that the disclosure is appropriate to the
  proper performance of the official duties of the officer making or
  receiving the disclosure.  (Code Crim. Proc., Art. 18.20,
  Secs. 7(a), (b).)
         Art. 18A.352.  DISCLOSURE UNDER OATH. A person who
  receives, by means authorized by this chapter, information
  concerning a wire, oral, or electronic communication or evidence
  derived from a communication intercepted in accordance with this
  chapter may disclose the contents of that communication or evidence
  while giving testimony under oath in any proceeding held under the
  authority of the United States, this state, or a political
  subdivision of this state.  (Code Crim. Proc., Art. 18.20,
  Sec. 7(c).)
         Art. 18A.353.  PRIVILEGED COMMUNICATIONS.  (a)  An otherwise
  privileged wire, oral, or electronic communication intercepted in
  accordance with, or in violation of, this chapter does not lose its
  privileged character.
         (b)  Evidence derived from a privileged communication
  described by Subsection (a) against a party to that communication
  is privileged.  (Code Crim. Proc., Art. 18.20, Sec. 7(d).)
         Art. 18A.354.  DISCLOSURE OR USE OF INCIDENTALLY INTERCEPTED
  COMMUNICATIONS.  (a) This article applies only to the contents of
  and evidence derived from wire, oral, or electronic communications
  that:
               (1)  are intercepted by an investigative or law
  enforcement officer while engaged in intercepting wire, oral, or
  electronic communications in a manner authorized by this chapter;
  and
               (2)  relate to offenses other than those specified by
  the interception order.
         (b)  The contents of and evidence derived from a
  communication described by Subsection (a) may be disclosed or used
  as provided by Article 18A.351.
         (c)  The contents of and evidence derived from a
  communication described by Subsection (a) may be used under Article
  18A.352 when authorized by a judge of competent jurisdiction if the
  judge finds, on subsequent application, that the contents were
  otherwise intercepted in accordance with this chapter.
         (d)  An application under Subsection (c) must be made as soon
  as practicable.  (Code Crim. Proc., Art. 18.20, Sec. 7(e).)
         Art. 18A.355.  NOTICE AND DISCLOSURE OF INTERCEPTION
  APPLICATION, INTERCEPTION ORDER, AND INTERCEPTED COMMUNICATIONS.
  (a) Within a reasonable period but not later than the 90th day
  after the date an application for an interception order is denied or
  after the date an interception order or the last extension, if any,
  expires, the judge who granted or denied the application shall
  cause to be served on each person named in the order or application
  and any other party to an intercepted communication, if any, an
  inventory that must include notice of:
               (1)  the application or the issuance of the order;
               (2)  the date of denial of the application, or the date
  of the issuance of the order and the authorized interception
  period; and
               (3)  whether during any authorized interception period
  wire, oral, or electronic communications were intercepted.
         (b)  The judge may, on motion, make available for inspection
  to a person or the person's counsel any portion of an intercepted
  communication, application, or order that the judge determines to
  disclose to that person in the interest of justice.
         (c)  On an ex parte showing of good cause to the judge, the
  serving of the inventory required under Subsection (a) may be
  postponed.
         (d)  Evidence derived from an order under this chapter may
  not be disclosed in a trial until after the inventory has been
  served.  (Code Crim. Proc., Art. 18.20, Sec. 13.)
         Art. 18A.356.  NOTICE OF INTERCEPTION REQUIRED. (a) The
  contents of an intercepted wire, oral, or electronic communication
  or evidence derived from the communication may not be received in
  evidence or otherwise disclosed in a trial, hearing, or other
  proceeding in a federal or state court unless each party, not later
  than the 10th day before the date of the trial, hearing, or other
  proceeding, has been provided with a copy of the interception order
  and application under which the interception was authorized.
         (b)  The judge may waive the 10-day period described by
  Subsection (a) on a finding that:
               (1)  it is not possible to provide the party with the
  information 10 days before the trial, hearing, or proceeding; and
               (2)  the party will not be prejudiced by the delay in
  receiving the information. (Code Crim. Proc., Art. 18.20, Sec.
  14(a).)
         Art. 18A.357.  COMMUNICATIONS RECEIVED IN EVIDENCE. (a)
  The contents of an intercepted communication and evidence derived
  from the communication may be received in evidence in any trial,
  hearing, or other proceeding in or before any court, grand jury,
  department, officer, agency, regulatory body, legislative
  committee, or other authority of the United States, this state, or a
  political subdivision of this state unless:
               (1)  the communication was intercepted in violation of
  this chapter, Section 16.02, Penal Code, or federal law; or
               (2)  the disclosure of the contents of the
  communication or evidence derived from the communication would
  violate a law described by Subdivision (1).
         (b)  The contents of an intercepted communication and
  evidence derived from the communication may be received in a civil
  trial, hearing, or other proceeding only if the civil trial,
  hearing, or other proceeding arises out of a violation of a penal
  law.
         (c)  This article does not prohibit the use or admissibility
  of the contents of an intercepted communication or evidence derived
  from the communication if the communication was intercepted in a
  jurisdiction outside this state in compliance with the law of that
  jurisdiction. (Code Crim. Proc., Art. 18.20, Sec. 2.)
         Art. 18A.358.  SUPPRESSION OF CONTENTS OF INTERCEPTED
  COMMUNICATIONS. (a) An aggrieved person charged with an offense in
  a trial, hearing, or proceeding in or before a court, department,
  officer, agency, regulatory body, or other authority of the United
  States, this state, or a political subdivision of this state may
  move to suppress the contents of an intercepted wire, oral, or
  electronic communication or evidence derived from the
  communication on the ground that:
               (1)  the communication was unlawfully intercepted;
               (2)  the interception order is insufficient on its
  face; or
               (3)  the interception was not made in conformity with
  the interception order.
         (b)  A person identified by a party to an intercepted wire,
  oral, or electronic communication during the course of that
  communication may move to suppress the contents of the
  communication on:
               (1)  a ground provided under Subsection (a); or
               (2)  the ground that the harm to the person resulting
  from the person's identification in court exceeds the value to the
  prosecution of the disclosure of the contents.
         (c)  The motion to suppress must be made before the trial,
  hearing, or proceeding unless:
               (1)  there was not an opportunity to make the motion; or
               (2)  the aggrieved person was not aware of the grounds
  of the motion.
         (d)  The hearing on the motion to suppress shall be held in
  camera on the written request of the aggrieved person.
         (e)  If the motion to suppress is granted, the contents of
  the intercepted wire, oral, or electronic communication and
  evidence derived from the communication shall be treated as having
  been obtained in violation of this chapter.
         (f)  The judge, on the filing of the motion to suppress by the
  aggrieved person, shall make available to the aggrieved person or
  the person's counsel for inspection any portion of the intercepted
  communication or evidence derived from the communication that the
  judge determines to make available in the interest of justice.
         (g)  A judge of this state, on hearing a pretrial motion
  regarding conversations intercepted by wire in accordance with this
  chapter, or who otherwise becomes informed that there exists on
  such an intercepted wire, oral, or electronic communication
  identification of a specific individual who is not a suspect or a
  party to the subject of interception shall:
               (1)  give notice and an opportunity to be heard on the
  matter of suppression of references to that individual if
  identification is sufficient to give notice; or
               (2)  suppress references to that individual if
  identification is:
                     (A)  sufficient to potentially cause
  embarrassment or harm that outweighs the probative value, if any,
  of the mention of that individual; and
                     (B)  insufficient to require the notice under
  Subdivision (1). (Code Crim. Proc., Art. 18.20, Secs. 14(b), (c),
  (d), (e).)
  SUBCHAPTER I. USE AND DISPOSITION OF APPLICATIONS AND ORDERS
         Art. 18A.401.  SEALING OF APPLICATION OR ORDER. The judge
  shall seal each application made and order issued under this
  chapter. (Code Crim. Proc., Art. 18.20, Sec. 11 (part).)
         Art. 18A.402.  CUSTODY OF APPLICATIONS AND ORDERS. Custody
  of applications and orders issued under this chapter shall be
  wherever the judge directs. (Code Crim. Proc., Art. 18.20, Sec. 11
  (part).)
         Art. 18A.403.  DISCLOSURE OF APPLICATION OR ORDER. An
  application made or order issued under this chapter may be
  disclosed only on a showing of good cause before a judge of
  competent jurisdiction. (Code Crim. Proc., Art. 18.20, Sec. 11
  (part).)
         Art. 18A.404.  DESTRUCTION OF APPLICATION OR ORDER. An
  application made or order issued under this chapter may be
  destroyed only on or after the 10th anniversary of the date the
  application or order was sealed and only if the judge of competent
  jurisdiction for the administrative judicial region in which the
  application was made or the order was issued orders the
  destruction.  (Code Crim. Proc., Art. 18.20, Sec. 11 (part).)
  SUBCHAPTER J. CREATION, USE, AND DISPOSITION OF RECORDINGS
         Art. 18A.451.  CREATION OF RECORDINGS. The contents of a
  wire, oral, or electronic communication intercepted by means
  authorized by this chapter shall be recorded on tape, wire, or other
  comparable device in a way that protects the recording from editing
  or other alterations. (Code Crim. Proc., Art. 18.20, Sec. 10(a).)
         Art. 18A.452.  DUPLICATION OF RECORDINGS. Recordings under
  Article 18A.451 may be duplicated for use or disclosure under
  Article 18A.351 for investigations. (Code Crim. Proc., Art. 18.20,
  Sec. 10(c).)
         Art. 18A.453.  SEALING AND CUSTODY OF RECORDINGS. (a)
  Immediately on the expiration of the period of an interception
  order and all extensions, if any, the recordings under Article
  18A.451 shall be:
               (1)  made available to the judge issuing the order; and
               (2)  sealed under the judge's directions.
         (b)  Custody of the recordings shall be wherever the judge
  orders. (Code Crim. Proc., Art. 18.20, Sec. 10(b) (part).)
         Art. 18A.454.  DESTRUCTION OF RECORDINGS. A recording under
  Article 18A.451 may be destroyed only on or after the 10th
  anniversary of the date of expiration of the interception order and
  the last extension, if any, and only if the judge of competent
  jurisdiction for the administrative judicial region in which the
  interception was authorized orders the destruction.  (Code Crim.
  Proc., Art. 18.20, Sec. 10(b) (part).)
         Art. 18A.455.  PREREQUISITE FOR USE OR DISCLOSURE OF
  RECORDING IN CERTAIN PROCEEDINGS. The presence of the seal
  required by Article 18A.453(a) or a satisfactory explanation of the
  seal's absence is a prerequisite for the use or disclosure of the
  contents of a wire, oral, or electronic communication or evidence
  derived from the communication under Article 18A.352. (Code Crim.
  Proc., Art. 18.20, Sec. 10(d).)
  SUBCHAPTER K. VIOLATION; SANCTIONS
         Art. 18A.501.  CONTEMPT. A violation of Subchapter I or J
  may be punished as contempt of court. (Code Crim. Proc., Art.
  18.20, Sec. 12.)
         Art. 18A.502.  RECOVERY OF CIVIL DAMAGES BY AGGRIEVED
  PERSON. A person whose wire, oral, or electronic communication is
  intercepted, disclosed, or used in violation of this chapter or
  Chapter 16, Penal Code:
               (1)  has a civil cause of action against any person who
  intercepts, discloses, or uses or solicits another person to
  intercept, disclose, or use the communication; and
               (2)  is entitled to recover from the person:
                     (A)  actual damages but not less than liquidated
  damages computed at a rate of $100 for each day the violation occurs
  or $1,000, whichever is higher;
                     (B)  punitive damages; and
                     (C)  reasonable attorney's fees and other
  litigation costs reasonably incurred. (Code Crim. Proc., Art.
  18.20, Sec. 16(a).)
         Art. 18A.503.  ACTION BROUGHT BY FEDERAL OR STATE
  GOVERNMENT; INJUNCTION; PENALTIES. (a)  A person is subject to suit
  by the federal or state government in a court of competent
  jurisdiction for appropriate injunctive relief if the person
  engages in conduct that:
               (1)  constitutes an offense under Section 16.05, Penal
  Code, but is not for a tortious or illegal purpose or for the
  purpose of direct or indirect commercial advantage or private
  commercial gain; and
               (2)  involves a radio communication that is:
                     (A)  transmitted on frequencies allocated under
  Subpart D of Part 74 of the rules of the Federal Communications
  Commission; and
                     (B)  not scrambled or encrypted.
         (b)  The attorney general or the county or district attorney
  of the county in which the conduct described by Subsection (a) is
  occurring may file suit under that subsection on behalf of the
  state.
         (c)  A defendant is liable for a civil penalty of $500 if it
  is shown at the trial of the civil suit brought under Subsection (a)
  that the defendant has been:
               (1)  convicted of an offense under Section 16.05, Penal
  Code; or
               (2)  found liable in a civil action brought under
  Article 18A.502.
         (d)  Each violation of an injunction ordered under
  Subsection (a) is punishable by a fine of $500. (Code Crim. Proc.,
  Art. 18.20, Secs. 16(c), (d), (e), (f).)
         Art. 18A.504.  GOOD FAITH DEFENSE AVAILABLE. A good faith
  reliance on a court order or legislative authorization constitutes
  a complete defense to an action brought under Article 18A.502 or
  18A.503.  (Code Crim. Proc., Art. 18.20, Sec. 16(b).)
         Art. 18A.505.  NO CAUSE OF ACTION.  A computer trespasser or
  a user, aggrieved person, subscriber, or customer of a
  communication common carrier or provider of an electronic
  communications service does not have a cause of action against the
  carrier or service provider, the officers, employees, or agents of
  the carrier or service provider, or other specified persons for
  providing information, facilities, or assistance as required by a
  good faith reliance on:
               (1)  legislative authority; or
               (2)  a court order, warrant, subpoena, or certification
  under this chapter. (Code Crim. Proc., Art. 18.20, Sec. 16(g).)
  SUBCHAPTER L. REPORTS
         Art. 18A.551.  REPORT OF INTERCEPTED COMMUNICATIONS BY
  JUDGE. (a) Within 30 days after the date an interception order or
  the last extension, if any, expires or after the denial of an
  interception order, the issuing or denying judge shall report to
  the Administrative Office of the United States Courts:
               (1)  the fact that an order or extension was applied
  for;
               (2)  the kind of order or extension applied for;
               (3)  the fact that the order or extension was granted as
  applied for, was modified, or was denied;
               (4)  the period of interceptions authorized by the
  order and the number and duration of any extensions of the order;
               (5)  the offense specified in the order or application
  or extension;
               (6)  the identity of the requesting officer and the
  prosecutor; and
               (7)  the nature of the facilities from which or the
  place where communications were to be intercepted.
         (b)  A judge required to file a report under this article
  shall forward a copy of the report to the director. (Code Crim.
  Proc., Art. 18.20, Secs. 15(a), (c) (part).)
         Art. 18A.552.  REPORT OF INTERCEPTED COMMUNICATIONS BY
  PROSECUTOR. (a)  In January of each year each prosecutor shall
  report to the Administrative Office of the United States Courts the
  following information for the preceding calendar year:
               (1)  the information required by Article 18A.551(a)
  with respect to each application for an interception order or
  extension made;
               (2)  a general description of the interceptions made
  under each order or extension, including:
                     (A)  the approximate nature and frequency of
  incriminating communications intercepted;
                     (B)  the approximate nature and frequency of other
  communications intercepted;
                     (C)  the approximate number of persons whose
  communications were intercepted; and
                     (D)  the approximate nature, amount, and cost of
  the personnel and other resources used in the interceptions;
               (3)  the number of arrests resulting from interceptions
  made under each order or extension and the offenses for which the
  arrests were made;
               (4)  the number of trials resulting from interceptions;
               (5)  the number of motions to suppress made with
  respect to interceptions and the number granted or denied;
               (6)  the number of convictions resulting from
  interceptions, the offenses for which the convictions were
  obtained, and a general assessment of the importance of the
  interceptions; and
               (7)  the information required by Subdivisions (2)
  through (6) with respect to orders or extensions obtained.
         (b)  A prosecutor required to file a report under this
  article shall forward a copy of the report to the director. (Code
  Crim. Proc., Art. 18.20, Secs. 15(b), (c) (part).)
         Art. 18A.553.  REPORT OF INTERCEPTED COMMUNICATIONS BY
  DEPARTMENT OF PUBLIC SAFETY. (a) On or before March 1 of each year,
  the director shall submit a report of all intercepts conducted
  under this chapter and terminated during the preceding calendar
  year to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives;
               (4)  the chair of the senate jurisprudence committee;
  and
               (5)  the chair of the house of representatives criminal
  jurisprudence committee.
         (b)  The report must include:
               (1)  the reports of judges and prosecuting attorneys
  forwarded to the director as required by Articles 18A.551(b) and
  18A.552(b);
               (2)  the number of department personnel authorized to
  possess, install, or operate an interception device;
               (3)  the number of department and other law enforcement
  personnel who participated or engaged in the seizure of intercepts
  under this chapter during the preceding calendar year; and
               (4)  the total cost to the department of all activities
  and procedures relating to the seizure of intercepts during the
  preceding calendar year, including costs of equipment, personnel,
  and expenses incurred as compensation for use of facilities or
  technical assistance provided to the department. (Code Crim.
  Proc., Art. 18.20, Sec. 15(c) (part).)
         SECTION 1.02.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 18B to read as follows:
 
  CHAPTER 18B.  INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO
  COMMUNICATIONS
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 18B.001.  DEFINITIONS 
  SUBCHAPTER B. APPLICATION FOR ORDER AUTHORIZING INSTALLATION AND
  USE OF EQUIPMENT
  Art. 18B.051.  REQUIREMENTS REGARDING REQUEST FOR AND
                  FILING OF APPLICATION 
  Art. 18B.052.  JURISDICTION 
  Art. 18B.053.  APPLICATION REQUIREMENTS 
  SUBCHAPTER C. ORDER AUTHORIZING INSTALLATION AND USE OF EQUIPMENT
  Art. 18B.101.  ORDER AUTHORIZING INSTALLATION AND USE
                  OF PEN REGISTER, ESN READER, OR
                  SIMILAR EQUIPMENT 
  Art. 18B.102.  ORDER AUTHORIZING INSTALLATION AND USE
                  OF TRAP AND TRACE DEVICE OR SIMILAR
                  EQUIPMENT 
  Art. 18B.103.  COMPENSATION FOR CARRIER OR SERVICE
                  PROVIDER 
  Art. 18B.104.  DURATION OF ORDER 
  Art. 18B.105.  SEALING RECORDS OF APPLICATION AND ORDER 
  SUBCHAPTER D. EMERGENCY INSTALLATION AND USE OF CERTAIN EQUIPMENT
  Art. 18B.151.  EMERGENCY INSTALLATION AND USE OF PEN
                  REGISTER OR TRAP AND TRACE DEVICE 
  Art. 18B.152.  ORDER AUTHORIZING EMERGENCY INSTALLATION
                  AND USE 
  Art. 18B.153.  ADMISSIBILITY OF EVIDENCE OBTAINED 
  SUBCHAPTER E. MOBILE TRACKING DEVICES
  Art. 18B.201.  DEFINITION 
  Art. 18B.202.  ORDER AUTHORIZING INSTALLATION AND USE
                  OF MOBILE TRACKING DEVICE 
  Art. 18B.203.  JURISDICTION 
  Art. 18B.204.  NOTIFICATION OF JUDGE FOLLOWING
                  ACTIVATION OF MOBILE TRACKING DEVICE 
  Art. 18B.205.  DURATION OF ORDER 
  Art. 18B.206.  REMOVAL OF DEVICE 
  Art. 18B.207.  NONAPPLICABILITY 
  SUBCHAPTER F. LAW ENFORCEMENT POWERS AND DUTIES
  Art. 18B.251.  POLICY REQUIRED 
  Art. 18B.252.  PEACE OFFICERS AUTHORIZED TO POSSESS,
                  INSTALL, OPERATE, OR MONITOR EQUIPMENT 
  Art. 18B.253.  LIMITATION: PEN REGISTERS 
  Art. 18B.254.  APPLICATION OR ORDER NOT REQUIRED FOR
                  CERTAIN SEARCHES 
  SUBCHAPTER G. OVERSIGHT
  Art. 18B.301.  COMPLIANCE AUDIT 
  Art. 18B.302.  REPORT OF EXPENDITURES 
  SUBCHAPTER H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED
  CUSTOMER DATA
  Art. 18B.351.  GOVERNMENT ACCESS TO ELECTRONIC CUSTOMER
                  DATA 
  Art. 18B.352.  COURT ORDER FOR GOVERNMENT ACCESS TO
                  STORED CUSTOMER DATA 
  Art. 18B.353.  WARRANT ISSUED IN THIS STATE:
                  APPLICABILITY 
  Art. 18B.354.  WARRANT ISSUED IN THIS STATE:
                  APPLICATION AND ISSUANCE OF WARRANT 
  Art. 18B.355.  WARRANT ISSUED IN THIS STATE: EXECUTION
                  OF WARRANT 
  Art. 18B.356.  WARRANT ISSUED IN THIS STATE:
                  COMPLIANCE WITH WARRANT 
  Art. 18B.357.  WARRANT ISSUED IN THIS STATE:
                  AUTHENTICATION OF RECORDS BY SERVICE
                  PROVIDER 
  Art. 18B.358.  WARRANT ISSUED IN ANOTHER STATE 
  Art. 18B.359.  GOVERNMENT ACCESS TO CERTAIN STORED
                  CUSTOMER DATA WITHOUT LEGAL PROCESS 
  SUBCHAPTER I. BACKUP PRESERVATION OF ELECTRONIC CUSTOMER DATA
  Art. 18B.401.  BACKUP PRESERVATION OF ELECTRONIC
                  CUSTOMER DATA 
  Art. 18B.402.  NOTICE TO SUBSCRIBER OR CUSTOMER 
  Art. 18B.403.  RELEASE OF COPY OF ELECTRONIC CUSTOMER
                  DATA 
  Art. 18B.404.  DESTRUCTION OF COPY OF ELECTRONIC
                  CUSTOMER DATA 
  Art. 18B.405.  REQUEST FOR COPY OF ELECTRONIC CUSTOMER
                  DATA BY AUTHORIZED PEACE OFFICER 
  Art. 18B.406.  PROCEEDINGS TO QUASH SUBPOENA OR VACATE
                  COURT ORDER 
  SUBCHAPTER J. PRODUCTION OF CERTAIN BUSINESS RECORDS
  Art. 18B.451.  SUBPOENA AUTHORITY 
  Art. 18B.452.  REPORT OF ISSUANCE OF SUBPOENA 
  Art. 18B.453.  COMPLIANCE WITH POLICY FOR INSTALLATION
                  AND USE OF EQUIPMENT 
  SUBCHAPTER K. SERVICE PROVIDER POWERS AND DUTIES
  Art. 18B.501.  PRECLUSION OF NOTIFICATION 
  Art. 18B.502.  DISCLOSURE BY SERVICE PROVIDER
                  PROHIBITED 
  Art. 18B.503.  REIMBURSEMENT OF COSTS 
  SUBCHAPTER L. REMEDIES
  Art. 18B.551.  CAUSE OF ACTION 
  Art. 18B.552.  NO CAUSE OF ACTION 
  Art. 18B.553.  EXCLUSIVITY OF REMEDIES 
  CHAPTER 18B.  INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO
  COMMUNICATIONS
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 18B.001.  DEFINITIONS. In this chapter:
               (1)  "Authorized peace officer" means:
                     (A)  a sheriff or deputy sheriff;
                     (B)  a constable or deputy constable;
                     (C)  a marshal or police officer of a
  municipality;
                     (D)  a ranger or officer commissioned by the
  Public Safety Commission or the director of the department;
                     (E)  an investigator of a prosecutor's office;
                     (F)  a law enforcement agent of the Texas
  Alcoholic Beverage Commission;
                     (G)  a law enforcement officer commissioned by the
  Parks and Wildlife Commission;
                     (H)  an enforcement officer appointed by the
  inspector general of the Texas Department of Criminal Justice under
  Section 493.019, Government Code;
                     (I)  an investigator commissioned by the attorney
  general under Section 402.009, Government Code; or
                     (J)  a member of an arson investigating unit
  commissioned by a municipality, a county, or the state.
               (2)  "Communication common carrier," "electronic
  communication," "electronic communications service," "user," and
  "wire communication" have the meanings assigned by Article 18A.001.
               (3)  "Department" means the Department of Public Safety
  of the State of Texas.
               (4)  "Designated law enforcement office or agency"
  means:
                     (A)  the sheriff's department of a county with a
  population of 3.3 million or more;
                     (B)  a police department in a municipality with a
  population of 500,000 or more; or
                     (C)  the office of inspector general of the Texas
  Department of Criminal Justice.
               (5)  "Domestic entity" has the meaning assigned by
  Section 1.002, Business Organizations Code.
               (6)  "Electronic communications system" means:
                     (A)  a wire, radio, electromagnetic,
  photo-optical, or photoelectronic facility for the transmission of
  wire or electronic communications; and
                     (B)  any computer facility or related electronic
  equipment for the electronic storage of wire or electronic
  communications.
               (7)  "Electronic customer data" means data or records
  that:
                     (A)  are in the possession, care, custody, or
  control of a provider of an electronic communications service or
  provider of a remote computing service; and
                     (B)  contain:
                           (i)  information revealing the identity of
  customers of the applicable service;
                           (ii)  information about a customer's use of
  the applicable service;
                           (iii)  information that identifies the
  recipient or destination of a wire or electronic communication sent
  to or by a customer;
                           (iv)  the content of a wire or electronic
  communication sent to or by a customer; and
                           (v)  any data stored with the applicable
  service provider by or on behalf of a customer.
               (8)  "Electronic storage" means storage of electronic
  customer data in a computer, computer network, or computer system,
  regardless of whether the data is subject to recall, further
  manipulation, deletion, or transmission. The term includes storage
  of a wire or electronic communication by an electronic
  communications service or a remote computing service.
               (9)  "ESN reader" means a device that, without
  intercepting the contents of a communication, records the
  electronic serial number from the data track of a wireless
  telephone, cellular telephone, or similar communication device
  that transmits its operational status to a base site.
               (10)  "Pen register" means a device or process that
  records or decodes dialing, routing, addressing, or signaling
  information 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 communications service in the ordinary course of the
  service provider's or customer's business for purposes of:
                     (A)  billing or recording incident to billing for
  communications services; or
                     (B)  cost accounting, security control, or other
  ordinary business purposes.
               (11)  "Prosecutor" means a district attorney, criminal
  district attorney, or county attorney performing the duties of a
  district attorney.
               (12)  "Remote computing service" means the provision of
  computer storage or processing services to the public by means of an
  electronic communications system.
               (13)  "Trap and trace device" means a device or process
  that records an incoming electronic or other impulse that
  identifies the originating number or other dialing, routing,
  addressing, or signaling information reasonably likely to identify
  the source of a wire or electronic communication, if the
  information does not include the contents of the communication.  
  The term does not include a device or telecommunications network
  used in providing:
                     (A)  a caller identification service authorized
  by the Public Utility Commission of Texas under Subchapter E,
  Chapter 55, Utilities Code;
                     (B)  the services referenced by Section
  55.102(b), Utilities Code; or
                     (C)  a caller identification service provided by a
  commercial mobile radio service provider licensed by the Federal
  Communications Commission. (Code Crim. Proc., Art. 18.20, Secs.
  1(17), (20); Art. 18.21, Secs. 1(1) (part), (2), (3), (3-a), (3-b),
  (3-c), (4), (6), (7), (8), (10).)
  SUBCHAPTER B. APPLICATION FOR ORDER AUTHORIZING INSTALLATION AND
  USE OF EQUIPMENT
         Art. 18B.051.  REQUIREMENTS REGARDING REQUEST FOR AND FILING
  OF APPLICATION. (a) A prosecutor with jurisdiction in a county
  within a judicial district described by Article 18B.052 may file
  with a district judge in the judicial district an application for
  the installation and use of a pen register, ESN reader, trap and
  trace device, or similar equipment that combines the function of a
  pen register and a trap and trace device.
         (b)  A prosecutor may file an application under this
  subchapter or under federal law  on:
               (1)  the prosecutor's own motion; or
               (2)  the request of an authorized peace officer,
  regardless of whether the peace officer is commissioned by the
  department.
         (c)  A prosecutor must make an application personally and may
  not make the application through an assistant or other person
  acting on the prosecutor's behalf if the prosecutor:
               (1)  files an application on the prosecutor's own
  motion; or
               (2)  files an application for the installation and use
  of a pen register, ESN reader, or similar equipment on the request
  of an authorized peace officer not commissioned by the department,
  other than an authorized peace officer employed by a designated law
  enforcement office or agency.
         (d)  A prosecutor may make an application through an
  assistant or other person acting on the prosecutor's behalf if the
  prosecutor files an application for the installation and use of:
               (1)  a pen register, ESN reader, or similar equipment
  on the request of:
                     (A)  an authorized peace officer who is
  commissioned by the department; or
                     (B)  an authorized peace officer of a designated
  law enforcement office or agency; or
               (2)  a trap and trace device or similar equipment on the
  request of an authorized peace officer, regardless of whether the
  peace officer is commissioned by the department. (Code Crim.
  Proc., Art. 18.21, Secs. 2(a) (part), (b).)
         Art. 18B.052.  JURISDICTION. An application under this
  subchapter must be filed in a judicial district in which is located:
               (1)  the site of the proposed installation or use of the
  device or equipment;
               (2)  the site of the communication device on which the
  device or equipment is proposed to be installed or used;
               (3)  the billing, residential, or business address of
  the subscriber to the electronic communications service on which
  the device or equipment is proposed to be installed or used;
               (4)  the headquarters of:
                     (A)  the office of the prosecutor filing an
  application under this subchapter; or
                     (B)  a law enforcement agency that requests the
  prosecutor to file an application under this subchapter or that
  proposes to execute an order authorizing installation and use of
  the device or equipment; or
               (5)  the headquarters of a service provider ordered to
  install the device or equipment. (Code Crim. Proc., Art. 18.21,
  Sec. 2(a) (part).)
         Art. 18B.053.  APPLICATION REQUIREMENTS. An application
  under this subchapter must:
               (1)  be made in writing under oath;
               (2)  include the name of the subscriber and the
  telephone number and location of the communication device on which
  the pen register, ESN reader, trap and trace device, or similar
  equipment will be used, to the extent that information is known or
  is reasonably ascertainable; and
               (3)  state that the installation and use of the device
  or equipment will likely produce information that is material to an
  ongoing criminal investigation. (Code Crim. Proc., Art. 18.21,
  Sec. 2(c).)
  SUBCHAPTER C. ORDER AUTHORIZING INSTALLATION AND USE OF EQUIPMENT
         Art. 18B.101.  ORDER AUTHORIZING INSTALLATION AND USE OF PEN
  REGISTER, ESN READER, OR SIMILAR EQUIPMENT. (a)  On presentation of
  an application under Subchapter B, a judge may order the
  installation and use of a pen register, ESN reader, or similar
  equipment by an authorized peace officer commissioned by the
  department or an authorized peace officer of a designated law
  enforcement office or agency.
         (b)  On request of the applicant, the judge shall direct in
  the order that a communication common carrier or a provider of an
  electronic communications service provide all information,
  facilities, and technical assistance necessary to facilitate the
  installation and use of the device or equipment by the department or
  designated law enforcement office or agency unobtrusively and with
  a minimum of interference to the services provided by the carrier or
  service provider. (Code Crim. Proc., Art. 18.21, Sec. 2(d)
  (part).)
         Art. 18B.102.  ORDER AUTHORIZING INSTALLATION AND USE OF
  TRAP AND TRACE DEVICE OR SIMILAR EQUIPMENT. (a) On presentation of
  an application under Subchapter B, a judge may order the
  installation and use of a trap and trace device or similar equipment
  on the appropriate line by a communication common carrier or other
  person.
         (b)  The judge may direct the communication common carrier or
  other person, including any landlord or other custodian of
  equipment, to provide all information, facilities, and technical
  assistance necessary to install or use the device or equipment
  unobtrusively and with a minimum of interference to the services
  provided by the communication common carrier, landlord, custodian,
  or other person.
         (c)  Unless otherwise ordered by the court, the results of
  the device or equipment shall be provided to the applicant, as
  designated by the court, at reasonable intervals during regular
  business hours, for the duration of the order. (Code Crim. Proc.,
  Art. 18.21, Sec. 2(e) (part).)
         Art. 18B.103.  COMPENSATION FOR CARRIER OR SERVICE PROVIDER.
  (a) A communication common carrier or a provider of an electronic
  communications service that provides facilities and assistance to
  the department or a designated law enforcement office or agency
  under Article 18B.101(b) is entitled to compensation at the
  prevailing rates for the facilities and assistance.
         (b)  A communication common carrier that provides facilities
  and assistance to a designated law enforcement office or agency
  under Article 18B.102(b) is entitled to compensation at the
  prevailing rates for the facilities and assistance. (Code Crim.
  Proc., Art. 18.21, Secs. 2(d) (part), (e) (part).)
         Art. 18B.104.  DURATION OF ORDER. (a) An order for the
  installation and use of a device or equipment under this subchapter
  is valid for a period not to exceed 60 days after the earlier of the
  date the device or equipment is installed or the 10th day after the
  date the order is entered, unless the prosecutor applies for and
  obtains an extension of the order from the court before the order
  expires.
         (b)  Each extension granted under Subsection (a) may not
  exceed a period of 60 days, except that the court may extend an
  order for a period not to exceed one year with the consent of the
  subscriber or customer of the service on which the device or
  equipment is used. (Code Crim. Proc., Art. 18.21, Sec. 2(f).)
         Art. 18B.105.  SEALING RECORDS OF APPLICATION AND ORDER. A
  district court shall seal an application and order granted under
  this chapter. (Code Crim. Proc., Art. 18.21, Sec. 2(g).)
  SUBCHAPTER D. EMERGENCY INSTALLATION AND USE OF CERTAIN EQUIPMENT
         Art. 18B.151.  EMERGENCY INSTALLATION AND USE OF PEN
  REGISTER OR TRAP AND TRACE DEVICE. (a)  In this article, "immediate
  life-threatening situation" has the meaning assigned by Article
  18A.201.
         (b)  A peace officer authorized to possess, install,
  operate, or monitor a device under Subchapter E, Chapter 18A, may
  install and use a pen register or trap and trace device if the peace
  officer reasonably believes:
               (1)  an immediate life-threatening situation exists
  that:
                     (A)  is within the territorial jurisdiction of the
  peace officer or another officer the peace officer is assisting;
  and
                     (B)  requires the installation of a pen register
  or trap and trace device before an order authorizing the
  installation and use can, with due diligence, be obtained under
  this chapter; and
               (2)  there are sufficient grounds under this chapter on
  which to obtain an order authorizing the installation and use of a
  pen register or trap and trace device. (Code Crim. Proc., Art.
  18.21, Secs. 1(1) (part), 3(a).)
         Art. 18B.152.  ORDER AUTHORIZING EMERGENCY INSTALLATION AND
  USE. (a) A peace officer who installs or uses a pen register or
  trap and trace device under Article 18B.151 shall:
               (1)  promptly report the installation or use of the
  device to the prosecutor in the county in which the device is
  installed or used; and
               (2)  within 48 hours after the installation of the
  device is complete or the use of the device begins, whichever occurs
  first, obtain an order under Subchapter C authorizing the
  installation and use of the device.
         (b)  A judge may issue an order authorizing the installation
  and use of a device under this subchapter during the 48-hour period
  prescribed by Subsection (a)(2). If an order is denied or is not
  issued within the 48-hour period, the peace officer shall terminate
  use of and remove the pen register or trap and trace device promptly
  on the earlier of the denial or the expiration of 48 hours. (Code
  Crim. Proc., Art. 18.21, Secs. 3(a) (part), (b), (c).)
         Art. 18B.153.  ADMISSIBILITY OF EVIDENCE OBTAINED. The
  state may not use as evidence in a criminal proceeding any
  information gained through the use of a pen register or trap and
  trace device installed under this subchapter if an authorized peace
  officer:
               (1)  does not apply for authorization for the pen
  register or trap and trace device; or
               (2)  applies for but does not obtain that
  authorization. (Code Crim. Proc., Art. 18.21, Sec. 3(d).)
  SUBCHAPTER E. MOBILE TRACKING DEVICES
         Art. 18B.201.  DEFINITION.  In this subchapter, "mobile
  tracking device" means an electronic or mechanical device that
  permits tracking the movement of a person, vehicle, container,
  item, or object.  (Code Crim. Proc., Art. 18.21, Sec. 1(5).)
         Art. 18B.202.  ORDER AUTHORIZING INSTALLATION AND USE OF
  MOBILE TRACKING DEVICE. (a) A district judge may issue an order
  for the installation and use of a mobile tracking device only on the
  application of an authorized peace officer.
         (b)  An application must be written, signed, and sworn to
  before the judge.
         (c)  The affidavit must:
               (1)  state the name, department, agency, and address of
  the applicant;
               (2)  identify the vehicle, container, or item to which,
  in which, or on which the mobile tracking device is to be attached,
  placed, or otherwise installed;
               (3)  state the name of the owner or possessor of the
  vehicle, container, or item identified under Subdivision (2);
               (4)  state the judicial jurisdictional area in which
  the vehicle, container, or item identified under Subdivision (2) is
  expected to be found; and
               (5)  state the facts and circumstances that provide the
  applicant with a reasonable suspicion that:
                     (A)  criminal activity has been, is, or will be
  committed; and
                     (B)  the installation and use of a mobile tracking
  device is likely to produce information that is material to an
  ongoing criminal investigation of that criminal activity. (Code
  Crim. Proc., Art. 18.21, Secs. 14(a) (part), (c).)
         Art. 18B.203.  JURISDICTION. (a) A district judge may issue
  an order for the installation and use of a mobile tracking device in
  the same judicial district as the site of:
               (1)  the investigation; or
               (2)  the person, vehicle, container, item, or object
  the movement of which will be tracked by the device.
         (b)  The order may authorize the use of a mobile tracking
  device outside the judicial district but within the state, if the
  device is installed within the district. (Code Crim. Proc., Art.
  18.21, Secs. 14(a), (b).)
         Art. 18B.204.  NOTIFICATION OF JUDGE FOLLOWING ACTIVATION OF
  MOBILE TRACKING DEVICE. Within 72 hours after the time a mobile
  tracking device is activated in place on or within a vehicle,
  container, or item, the applicant for whom an order was issued under
  this subchapter shall notify in writing the judge who issued the
  order. (Code Crim. Proc., Art. 18.21, Sec. 14(d).)
         Art. 18B.205.  DURATION OF ORDER. (a) An order under this
  subchapter expires not later than the 90th day after the date that
  the mobile tracking device was activated in place on or within the
  vehicle, container, or item.
         (b)  For good cause shown, the judge may grant an extension
  for an additional 90-day period. (Code Crim. Proc., Art. 18.21,
  Sec. 14(e).)
         Art. 18B.206.  REMOVAL OF DEVICE. (a) The applicant shall
  remove or cause to be removed the mobile tracking device as soon as
  is practicable after the authorization period expires.
         (b)  If removal is not practicable, the device may not be
  monitored after the expiration of the order. (Code Crim. Proc.,
  Art. 18.21, Sec. 14(f).)
         Art. 18B.207.  NONAPPLICABILITY. (a) This subchapter does
  not apply to a global positioning or similar device installed in or
  on an item of property by the owner or with the consent of the owner
  of the property.
         (b)  In an emergency, a private entity may monitor a device
  described by Subsection (a). (Code Crim. Proc., Art. 18.21, Sec.
  14(g).)
  SUBCHAPTER F. LAW ENFORCEMENT POWERS AND DUTIES
         Art. 18B.251.  POLICY REQUIRED. Each designated law
  enforcement office or agency shall:
               (1)  adopt a written policy governing the application
  of this chapter to the office or agency; and
               (2)  submit the policy to the director of the
  department, or the director's designee, for approval. (Code Crim.
  Proc., Art. 18.21, Sec. 2(j).)
         Art. 18B.252.  PEACE OFFICERS AUTHORIZED TO POSSESS,
  INSTALL, OPERATE, OR MONITOR EQUIPMENT. (a)  A peace officer of a
  designated law enforcement office or agency is authorized to
  possess, install, operate, or monitor a pen register, ESN reader,
  or similar equipment if the peace officer's name is on the list
  submitted to the director of the department under Subsection (b).
         (b)  If the director of the department or the director's
  designee approves the policy submitted under Article 18B.251, the
  inspector general of the Texas Department of Criminal Justice or
  the inspector general's designee, or the sheriff or chief of a
  designated law enforcement agency or the sheriff's or chief's
  designee, as applicable, shall submit to the director a written
  list of all peace officers in the designated law enforcement office
  or agency who are authorized to possess, install, operate, or
  monitor pen registers, ESN readers, or similar equipment. (Code
  Crim. Proc., Art. 18.21, Secs. 2(i), (k).)
         Art. 18B.253.  LIMITATION: PEN REGISTERS. To prevent
  inclusion of the contents of a wire or electronic communication, a
  governmental agency authorized to install and use a pen register
  under this chapter or other law must use reasonably available
  technology to only record and decode electronic or other impulses
  used to identify the numbers dialed, routed, addressed, or
  otherwise processed or transmitted by the communication. (Code
  Crim. Proc., Art. 18.21, Sec. 16.)
         Art. 18B.254.  APPLICATION OR ORDER NOT REQUIRED FOR CERTAIN
  SEARCHES. A peace officer is not required to file an application
  under Subchapter B or obtain an order under Subchapter C before the
  peace officer makes an otherwise lawful search, with or without a
  warrant, to determine the contents of a caller identification
  message, pager message, or voice message that is contained within
  the memory of an end-user's identification, paging, or answering
  device. (Code Crim. Proc., Art. 18.21, Sec. 2(h).)
  SUBCHAPTER G. OVERSIGHT
         Art. 18B.301.  COMPLIANCE AUDIT. (a) The department may
  conduct an audit of a designated law enforcement office or agency to
  ensure compliance with this chapter.
         (b)  If the department determines from the audit that the
  designated law enforcement office or agency is not in compliance
  with the policy adopted by the office or agency under Article
  18B.251, the department shall notify the office or agency in
  writing that the office or agency, as applicable, is not in
  compliance.
         (c)  If the department determines that the office or agency
  still is not in compliance with the policy on the 90th day after the
  date the office or agency receives written notice under Subsection
  (b), the office or agency loses the authority granted by this
  chapter until:
               (1)  the office or agency adopts a new written policy
  governing the application of this chapter to the office or agency;
  and
               (2)  the department approves that policy. (Code Crim.
  Proc., Art. 18.21, Sec. 2(l).)
         Art. 18B.302.  REPORT OF EXPENDITURES. (a) The inspector
  general of the Texas Department of Criminal Justice or the sheriff
  or chief of a designated law enforcement agency, as applicable,
  shall submit to the director of the department a written report of
  expenditures made by the designated law enforcement office or
  agency to purchase and maintain a pen register, ESN reader, or
  similar equipment authorized under this chapter.
         (b)  The director of the department shall report the
  expenditures publicly on an annual basis on the department's
  Internet website or by other comparable means. (Code Crim. Proc.,
  Art. 18.21, Sec. 2(m).)
  SUBCHAPTER H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED
  CUSTOMER DATA
         Art. 18B.351.  GOVERNMENT ACCESS TO ELECTRONIC CUSTOMER
  DATA. (a)  An authorized peace officer may require a provider of 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 Article 18B.354.
         (b)  An authorized peace officer may require a provider of an
  electronic communications service or a provider of a remote
  computing service to disclose 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 court order under Article 18B.352;
               (4)  by obtaining a warrant under Article 18B.354;
               (5)  by obtaining the consent of the subscriber or
  customer to the disclosure of the data; or
               (6)  as otherwise permitted by applicable federal law.
  (Code Crim. Proc., Art. 18.21, Secs. 4(a), (b).)
         Art. 18B.352.  COURT ORDER FOR GOVERNMENT ACCESS TO STORED
  CUSTOMER DATA. (a) A court shall issue an order authorizing
  disclosure of contents, records, or other information of a wire or
  electronic communication held in electronic storage if the court
  determines that there is a reasonable belief that the information
  sought is relevant to a legitimate law enforcement inquiry.
         (b)  A court may grant a motion by the service provider to
  quash or modify the order issued under Subsection (a) if the court
  determines that:
               (1)  the information or records requested are unusually
  voluminous; or
               (2)  compliance with the order would cause an undue
  burden on the provider. (Code Crim. Proc., Art. 18.21, Sec. 5.)
         Art. 18B.353.  WARRANT ISSUED IN THIS STATE: APPLICABILITY.
  Articles 18B.354-18B.357 apply to a warrant required under Article
  18B.351 to obtain electronic customer data, including the contents
  of a wire or electronic communication.  (Code Crim. Proc.,
  Art. 18.21, Sec. 5A(a).)
         Art. 18B.354.  WARRANT ISSUED IN THIS STATE: APPLICATION AND
  ISSUANCE OF WARRANT. (a)  On the filing of an application by an
  authorized peace officer, a district judge may issue a search
  warrant under this article for electronic customer data held in
  electronic storage, including the contents of and records and other
  information related to a wire or electronic communication held in
  electronic storage, by a provider of an electronic communications
  service or a provider of a remote computing service described by
  Article 18B.355(b), regardless of whether the customer data is held
  at a location in this state or another state.  An application made
  under this subsection must demonstrate probable cause for the
  issuance of the warrant and must be supported by the oath of the
  authorized peace officer.
         (b)  A search warrant may not be issued under this article
  unless the sworn affidavit required by Article 18.01(b) provides
  sufficient and substantial facts to establish probable cause that:
               (1)  a specific offense has been committed; and
               (2)  the electronic customer data sought:
                     (A)  constitutes evidence of that offense or
  evidence that a particular person committed that offense; and
                     (B)  is held in electronic storage by the service
  provider on which the warrant is served under Article 18B.355(c).
         (c)  Only the electronic customer data described in the sworn
  affidavit required by Article 18.01(b) may be seized under the
  warrant.
         (d)  A warrant issued under this article shall run in the
  name of "The State of Texas."
         (e)  Article 18.011 applies to an affidavit presented under
  Article 18.01(b) for the issuance of a warrant under this article,
  and the affidavit may be sealed in the manner provided by that
  article.  (Code Crim. Proc., Art. 18.21, Secs. 5A(b), (c), (d),
  (e), (f).)
         Art. 18B.355.  WARRANT ISSUED IN THIS STATE: EXECUTION OF
  WARRANT. (a)  Not later than the 11th day after the date of
  issuance, an authorized peace officer shall execute a warrant
  issued under Article 18B.354, except that the peace officer shall
  execute the warrant within a shorter period if the district judge
  directs a shorter period in the warrant.  For purposes of this
  subsection, a warrant is executed when the warrant is served in the
  manner described by Subsection (c).
         (b)  A warrant issued under Article 18B.354 may be served
  only on a provider of an electronic communications service or a
  provider of a remote computing service that is a domestic entity or
  a company or entity otherwise doing business in this state under a
  contract or a terms of service agreement with a resident of this
  state, if any part of that contract or agreement is to be performed
  in this state.
         (c)  A search warrant issued under Article 18B.354 is served
  when an authorized peace officer delivers the warrant by hand, by
  facsimile transmission, or, in a manner allowing proof of delivery,
  by means of the United States mail or a private delivery service to:
               (1)  a person specified by Section 5.255, Business
  Organizations Code;
               (2)  the secretary of state in the case of a company or
  entity to which Section 5.251, Business Organizations Code,
  applies; or
               (3)  any other person or entity designated to receive
  the service of process.
         (d)  The district judge shall hear and decide any motion to
  quash the warrant not later than the fifth business day after the
  date the service provider files the motion. The judge may allow the
  service provider to appear at the hearing by teleconference. (Code
  Crim. Proc., Art. 18.21, Secs. 5A(b) (part), (g), (h) (part), (i),
  (m).)
         Art. 18B.356.  WARRANT ISSUED IN THIS STATE:  COMPLIANCE
  WITH WARRANT. (a)  A district judge shall indicate in a warrant
  issued under Article 18A.354 that the deadline for compliance by
  the provider of an electronic communications service or the
  provider of a remote computing service is the 15th business day
  after the date the warrant is served if the warrant is to be served
  on a domestic entity or a company or entity otherwise doing business
  in this state, except that the deadline for compliance with a
  warrant served in accordance with Section 5.251, Business
  Organizations Code, may be extended to a date that is not later than
  the 30th day after the date the warrant is served.
         (b)  The judge may indicate in the warrant that the deadline
  for compliance is earlier than the 15th business day after the date
  the warrant is served if the authorized peace officer who applies
  for the warrant makes a showing and the judge finds that failure to
  comply with the warrant by the earlier deadline would cause serious
  jeopardy to an investigation, cause undue delay of a trial, or
  create a material risk of:
               (1)  danger to the life or physical safety of any
  person;
               (2)  flight from prosecution;
               (3)  the tampering with or destruction of evidence; or
               (4)  intimidation of potential witnesses.
         (c)  The service provider shall produce all electronic
  customer data, contents of communications, and other information
  sought, regardless of where the information is held and within the
  period allowed for compliance with the warrant, as provided by
  Subsection (a) or (b).
         (d)  A court may find any designated officer, designated
  director, or designated owner of a company or entity in contempt of
  court if the person by act or omission is responsible for the
  failure of the company or entity to comply with the warrant within
  the period allowed for compliance.
         (e)  The failure of a company or entity to timely deliver the
  information sought in the warrant does not affect the admissibility
  of that evidence in a criminal proceeding.
         (f)  On a service provider's compliance with a warrant issued
  under Article 18B.354, an authorized peace officer shall file a
  return of the warrant and a copy of the inventory of the seized
  property as required under Article 18.10.
         (g)  A provider of an electronic communications service or a
  provider of a remote computing service responding to a warrant
  issued under Article 18B.354 may request an extension of the period
  for compliance with the warrant if extenuating circumstances exist
  to justify the extension. The district judge shall grant a request
  for an extension based on those circumstances if:
               (1)  the authorized peace officer who applied for the
  warrant or another appropriate authorized peace officer agrees to
  the extension; or
               (2)  the district judge finds that the need for the
  extension outweighs the likelihood that the extension will cause an
  adverse circumstance described by Subsection (b). (Code Crim.
  Proc., Art. 18.21, Secs. 5A(b) (part), (h) (part), (j), (l), (n).)
         Art. 18B.357.  WARRANT ISSUED IN THIS STATE:  AUTHENTICATION
  OF RECORDS BY SERVICE PROVIDER.  If an authorized peace officer
  serving a warrant under Article 18B.355 also delivers an affidavit
  form to the provider of an electronic communications service or the
  provider of a remote computing service responding to the warrant,
  and the peace officer also notifies the service provider in writing
  that an executed affidavit is required, the service provider shall
  verify the authenticity of the customer data, contents of
  communications, and other information produced in compliance with
  the warrant by including with the information an affidavit form
  that:
               (1)  is completed and sworn to by a person who is a
  custodian of the information or a person otherwise qualified to
  attest to the authenticity of the information; and
               (2)  states that the information was stored in the
  course of regularly conducted business of the service provider and
  specifies whether the regular practice of the service provider is
  to store that information. (Code Crim. Proc., Art. 18.21, Sec.
  5A(k).)
         Art. 18B.358.  WARRANT ISSUED IN ANOTHER STATE. Any
  domestic entity that provides electronic communications services
  or remote computing services to the public shall comply with a
  warrant issued in another state and seeking information described
  by Article 18B.354(a), if the warrant is served on the entity in a
  manner equivalent to the service of process requirements provided
  by Article 18B.355(b). (Code Crim. Proc., Art. 18.21, Sec. 5B.)
         Art. 18B.359.  GOVERNMENT ACCESS TO CERTAIN STORED CUSTOMER
  DATA WITHOUT LEGAL PROCESS. (a) A provider of a telephonic
  communications service shall disclose to an authorized peace
  officer, without legal process, subscriber listing information,
  including name, address, and telephone number or similar access
  code:
               (1)  that the service provider provides to others in
  the course of providing publicly available directory or similar
  assistance; or
               (2)  that is solely for use in the dispatch of emergency
  vehicles and personnel responding to a distress call directed to an
  emergency dispatch system or when the information is reasonably
  necessary to aid in the dispatching of emergency vehicles and
  personnel for the immediate prevention of death, personal injury,
  or destruction of property.
         (b)  A provider of a telephonic communications service shall
  provide to an authorized peace officer the name of the subscriber of
  record whose published telephone number is provided to the service
  provider by an authorized peace officer. (Code Crim. Proc., Art.
  18.21, Secs. 4(c), (d).)
  SUBCHAPTER I. BACKUP PRESERVATION OF ELECTRONIC CUSTOMER DATA
         Art. 18B.401.  BACKUP PRESERVATION OF ELECTRONIC CUSTOMER
  DATA. (a) A subpoena or court order under Article 18B.351(b) for
  disclosure of certain electronic customer data held in electronic
  storage by a provider of an electronic communications service or a
  provider of a remote computing service may, for the purpose of
  preserving the customer data sought by the subpoena or court order,
  require that service provider to create a copy of that data.
         (b)  The service provider shall create the copy within a
  reasonable period as determined by the court issuing the subpoena
  or court order.
         (c)  On creating a copy under this article, the service
  provider shall immediately notify the authorized peace officer who
  presented the subpoena or court order requesting the copy.
         (d)  The service provider may not inform the subscriber or
  customer whose data is being sought that the subpoena or court order
  has been issued. (Code Crim. Proc., Art. 18.21, Secs. 6(a), (b).)
         Art. 18B.402.  NOTICE TO SUBSCRIBER OR CUSTOMER. Not later
  than the third day after the date of the receipt of the notice under
  Article 18B.401(c) from the applicable service provider, the
  authorized peace officer who presented the subpoena or court order
  requesting the copy shall provide notice of the creation of the copy
  to the subscriber or customer whose electronic customer data is the
  subject of the subpoena or court order. (Code Crim. Proc., Art.
  18.21, Secs. 6(b) (part), (c).)
         Art. 18B.403.  RELEASE OF COPY OF ELECTRONIC CUSTOMER DATA.
  The provider of an electronic communications service or the
  provider of a remote computing service shall release a copy created
  under this subchapter to the requesting authorized peace officer
  not earlier than the 14th day after the date of the peace officer's
  notice to the subscriber or customer if the service provider has
  not:
               (1)  initiated proceedings to challenge the request of
  the peace officer for the copy; or
               (2)  received notice from the subscriber or customer
  that the subscriber or customer has initiated proceedings to
  challenge the request. (Code Crim. Proc., Art. 18.21, Sec. 6(d).)
         Art. 18B.404.  DESTRUCTION OF COPY OF ELECTRONIC CUSTOMER
  DATA. The provider of an electronic communications service or the
  provider of a remote computing service may not destroy or permit the
  destruction of a copy created under this subchapter until the later
  of:
               (1)  the delivery of electronic customer data to the
  applicable law enforcement agency; or
               (2)  the resolution of any court proceedings, including
  appeals of any proceedings, relating to the subpoena or court order
  requesting the creation of the copy. (Code Crim. Proc., Art. 18.21,
  Sec. 6(e).)
         Art. 18B.405.  REQUEST FOR COPY OF ELECTRONIC CUSTOMER DATA
  BY AUTHORIZED PEACE OFFICER. (a) An authorized peace officer who
  reasonably believes that notice to a subscriber or customer
  regarding a subpoena or court order would result in the destruction
  of or tampering with the electronic customer data sought may
  request the creation of a copy of the data.
         (b)  The peace officer's belief is not subject to challenge
  by the subscriber or customer or by a provider of an electronic
  communications service or a provider of a remote computing service.
  (Code Crim. Proc., Art. 18.21, Sec. 6(f).)
         Art. 18B.406.  PROCEEDINGS TO QUASH SUBPOENA OR VACATE COURT
  ORDER. (a) Not later than the 14th day after the date a subscriber
  or customer receives notice under Article 18B.402, the subscriber
  or customer may file a written motion to quash the subpoena or
  vacate the court order in the court that issued the subpoena or
  court order. The motion must contain an affidavit or other sworn
  statement stating:
               (1)  that the applicant is a subscriber or customer of
  the provider of an electronic communications service or the
  provider of a remote computing service from which the electronic
  customer data held in electronic storage for the subscriber or
  customer has been sought; and
               (2)  the applicant's reasons for believing that the
  customer data sought is not relevant to a legitimate law
  enforcement inquiry or that there has not been substantial
  compliance with the provisions of this chapter in some other
  respect.
         (b)  The subscriber or customer shall give written notice to
  the applicable service provider of the challenge to the subpoena or
  court order.  The authorized peace officer requesting the subpoena
  or court order must be served a copy of the filed papers by personal
  delivery or by registered or certified mail.
         (c)  The court shall order the authorized peace officer to
  file a sworn response to the motion filed by the subscriber or
  customer if the court determines that the subscriber or customer
  has complied with the requirements of Subsections (a) and (b).  On
  request of the peace officer, the court may permit the response to
  be filed in camera.  The court may conduct any additional
  proceedings the court considers appropriate if the court is unable
  to make a determination on the motion on the basis of the parties'
  initial allegations and response.
         (d)  The court shall rule on the motion as soon as
  practicable after the filing of the peace officer's response.  The
  court shall deny the motion if the court finds that the applicant is
  not the subscriber or customer whose data is the subject of the
  subpoena or court order or that there is reason to believe that the
  peace officer's inquiry is legitimate and that the data sought is
  relevant to that inquiry.  The court shall quash the subpoena or
  vacate the court order if the court finds that the applicant is the
  subscriber or customer whose data is the subject of the subpoena or
  court order and that there is not a reason to believe that the data
  is relevant to a legitimate law enforcement inquiry or that there
  has not been substantial compliance with the provisions of this
  chapter.
         (e)  A court order denying a motion or application under this
  article is not a final order, and an interlocutory appeal may not be
  taken from the denial. (Code Crim. Proc., Art. 18.21, Secs. 6(g),
  (h).)
  SUBCHAPTER J. PRODUCTION OF CERTAIN BUSINESS RECORDS
         Art. 18B.451.  SUBPOENA AUTHORITY. The director of the
  department or the director's designee, the inspector general of the
  Texas Department of Criminal Justice or the inspector general's
  designee, or the sheriff or chief of a designated law enforcement
  agency or the sheriff's or chief's designee may issue an
  administrative subpoena to a communication common carrier or a
  provider of an electronic communications service to compel the
  production of any carrier's or service provider's business records
  that:
               (1)  disclose information about:
                     (A)  the carrier's or service provider's
  customers; or
                     (B)  users of the services offered by the carrier
  or service provider; and
               (2)  are material to a criminal investigation. (Code
  Crim. Proc., Art. 18.21, Sec. 15(a).)
         Art. 18B.452.  REPORT OF ISSUANCE OF SUBPOENA. Not later
  than the 30th day after the date on which an administrative subpoena
  is issued under Article 18B.451, the inspector general of the Texas
  Department of Criminal Justice or the sheriff or chief of a
  designated law enforcement agency, as applicable, shall report to
  the department the issuance of the subpoena. (Code Crim. Proc.,
  Art. 18.21, Sec. 15(b).)
         Art. 18B.453.  COMPLIANCE WITH POLICY FOR INSTALLATION AND
  USE OF EQUIPMENT. (a) If, based on a report received under Article
  18B.452, the department determines that a designated law
  enforcement office or agency is not in compliance with the policy
  adopted by the office or agency under Article 18B.251, the
  department shall notify the office or agency in writing that the
  office or agency, as applicable, is not in compliance.
         (b)  If the department determines that the office or agency
  still is not in compliance with the policy on the 90th day after the
  date the office or agency receives written notice under this
  article, the office or agency loses the authority granted by this
  chapter until:
               (1)  the office or agency adopts a new written policy
  governing the application of this chapter to the office or agency;
  and
               (2)  the department approves that policy. (Code Crim.
  Proc., Art. 18.21, Sec. 15(c).)
  SUBCHAPTER K. SERVICE PROVIDER POWERS AND DUTIES
         Art. 18B.501.  PRECLUSION OF NOTIFICATION. (a)  An
  authorized peace officer seeking electronic customer data under
  Article 18B.351 may apply to the court for an order commanding the
  service provider to whom a warrant, subpoena, or court order is
  directed not to disclose to any person the existence of the warrant,
  subpoena, or court order. The order is effective for the period the
  court considers appropriate.
         (b)  The court shall enter the order if the court determines
  that there is reason to believe that notification of the existence
  of the warrant, subpoena, or court order will have an adverse
  result.
         (c)  In this article, an "adverse result" means:
               (1)  endangering the life or physical safety of an
  individual;
               (2)  flight from prosecution;
               (3)  destruction of or tampering with evidence;
               (4)  intimidation of a potential witness; or
               (5)  otherwise seriously jeopardizing an investigation
  or unduly delaying a trial. (Code Crim. Proc., Art. 18.21, Sec. 8.)
         Art. 18B.502.  DISCLOSURE BY SERVICE PROVIDER PROHIBITED.
  (a) Except as provided by Subsection (c), a provider of an
  electronic communications service may not knowingly divulge the
  contents of a communication that is in electronic storage.
         (b)  Except as provided by Subsection (c), a provider of a
  remote computing service may not knowingly divulge the contents of
  a communication that:
               (1)  is in electronic storage on behalf of a subscriber
  or customer of the service provider;
               (2)  is received by means of electronic transmission
  from the subscriber or customer or created by means of computer
  processing of communications received by means of electronic
  transmission from the subscriber or customer; and
               (3)  is solely for the purpose of providing storage or
  computer processing services to the subscriber or customer, if the
  service provider is not authorized to obtain access to the contents
  of that communication for purposes of providing any service other
  than storage or computer processing.
         (c)  A provider of an electronic communications service or a
  provider of a remote computing service may disclose the contents of
  an electronically stored communication:
               (1)  to an intended recipient of the communication or
  the intended recipient's agent;
               (2)  to the addressee or the addressee's agent;
               (3)  with the consent of the originator, to the
  addressee or the intended recipient of the communication, or the
  subscriber of a remote computing service;
               (4)  to a person whose facilities are used to transmit
  the communication to its destination or the person's employee or
  authorized representative;
               (5)  as may be necessary to provide the service or to
  protect the property or rights of the service provider;
               (6)  to a law enforcement agency if the contents were
  obtained inadvertently by the service provider and the contents
  appear to pertain to the commission of an offense; or
               (7)  as authorized under federal or other state law.
  (Code Crim. Proc., Art. 18.21, Sec. 11.)
         Art. 18B.503.  REIMBURSEMENT OF COSTS. (a)  Except as
  provided by Subsection (c), an authorized peace officer who obtains
  electronic customer data under Article 18B.351 or 18B.359 or other
  information under this chapter shall reimburse the person
  assembling or providing the data or information for all costs that
  are reasonably necessary and that have been directly incurred in
  searching for, assembling, reproducing, or otherwise providing the
  data or information, including costs arising from necessary
  disruption of normal operations of a provider of an electronic
  communications service or a provider of a remote computing service
  in which the electronic customer data may be held in electronic
  storage or in which the other information may be stored.
         (b)  The authorized peace officer and the person providing
  the electronic customer data or other information may agree on the
  amount of reimbursement.  If there is not an agreement, the court
  that issued the order for production of the data or information
  shall determine the amount.  If a court order was not issued for
  production of the data or information, the court before which any
  criminal prosecution relating to the data or information would be
  brought shall determine the amount.
         (c)  Subsection (a) does not apply to records or other
  information that is maintained by a communication common carrier
  and that relates to telephone toll records or telephone listings
  obtained under Article 18B.359(a), unless the court determines
  that:
               (1)  the amount of information required was unusually
  voluminous; or
               (2)  an undue burden was imposed on the service
  provider. (Code Crim. Proc., Art. 18.21, Sec. 9.)
  SUBCHAPTER L. REMEDIES
         Art. 18B.551.  CAUSE OF ACTION. (a)  Except as provided by
  Article 18B.552, a provider of an electronic communications service
  or a provider of a remote computing service, or a subscriber or
  customer of that service provider, that is aggrieved by a violation
  of this chapter has a civil cause of action if the conduct
  constituting the violation was committed knowingly or
  intentionally and is entitled to:
               (1)  injunctive relief;
               (2)  reasonable attorney's fees and other litigation
  costs reasonably incurred; and
               (3)  the amount of the actual damages suffered and any
  profits made by the violator as a result of the violation or $1,000,
  whichever is more.
         (b)  The reliance in good faith on a court order, warrant,
  subpoena, or legislative authorization is a complete defense to any
  civil action brought under this chapter.
         (c)  A civil action under this article may be presented not
  later than the second anniversary of the date the claimant first
  discovered or had reasonable opportunity to discover the violation.
  (Code Crim. Proc., Art. 18.21, Sec. 12.)
         Art. 18B.552.  NO CAUSE OF ACTION. A subscriber or customer
  of a provider of an electronic communications service or a provider
  of a remote computing service does not have a cause of action
  against a service provider or the service provider's officers,
  employees, or agents or against other specified persons for
  providing information, facilities, or assistance as required by a
  court order, warrant, subpoena, or certification under this
  chapter. (Code Crim. Proc., Art. 18.21, Sec. 10.)
         Art. 18B.553.  EXCLUSIVITY OF REMEDIES. The remedies and
  sanctions under this chapter are the exclusive judicial remedies
  and sanctions for a violation of this chapter, other than a
  violation that infringes on a right of a party that is guaranteed by
  a state or federal constitution. (Code Crim. Proc., Art. 18.21,
  Sec. 13.)
         SECTION 1.03.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 66 to read as follows:
 
  CHAPTER 66. CRIMINAL HISTORY RECORD SYSTEM
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 66.001.  DEFINITIONS 
  SUBCHAPTER B. CRIMINAL JUSTICE INFORMATION SYSTEM
  Art. 66.051.  PURPOSE AND FUNCTIONS 
  Art. 66.052.  IMPLEMENTATION AND OPERATION OF CRIMINAL
                 JUSTICE INFORMATION SYSTEM 
  Art. 66.053.  INFORMATION COLLECTED 
  Art. 66.054.  FINGERPRINT AND ARREST INFORMATION IN
                 CRIMINAL JUSTICE INFORMATION SYSTEM 
  SUBCHAPTER C. COMPUTERIZED CRIMINAL HISTORY SYSTEM
  Art. 66.101.  COMPUTERIZED CRIMINAL HISTORY SYSTEM
                 DATABASE 
  Art. 66.102.  INFORMATION CONTAINED IN COMPUTERIZED
                 CRIMINAL HISTORY SYSTEM 
  Art. 66.103.  DUTIES OF TEXAS DEPARTMENT OF CRIMINAL
                 JUSTICE REGARDING CRIMINAL JUSTICE
                 INFORMATION SYSTEM 
  Art. 66.104.  DUTIES OF LICENSING AGENCIES TO PROVIDE
                 INFORMATION REGARDING LICENSE HOLDERS 
  Art. 66.105.  INFORMATION RELATED TO MISUSED IDENTITY 
  Art. 66.106.  INFORMATION RELATED TO NON-FINGERPRINT
                 SUPPORTED ACTIONS 
  SUBCHAPTER D. CORRECTIONS TRACKING SYSTEM
  Art. 66.151.  CORRECTIONS TRACKING SYSTEM DATABASE 
  Art. 66.152.  INFORMATION CONTAINED IN CORRECTIONS
                 TRACKING SYSTEM 
  SUBCHAPTER E. ACCESS TO INFORMATION IN CRIMINAL JUSTICE
  INFORMATION SYSTEM
  Art. 66.201.  ACCESS TO DATABASES BY CRIMINAL JUSTICE
                 AGENCIES AND OTHER ENTITIES 
  Art. 66.202.  REQUEST FOR DATA FILE FROM DATABASES 
  Art. 66.203.  PUBLIC DISCLOSURE OF DATA PROHIBITED 
  SUBCHAPTER F.  DATA COLLECTION AND SUBMISSION
  Art. 66.251.  UNIFORM INCIDENT FINGERPRINT CARD 
  Art. 66.252.  REPORTING OF INFORMATION BY LOCAL
                 ENTITIES 
  Art. 66.253.  COMPATIBILITY OF DATA 
  Art. 66.254.  ELECTRONIC REPORTING OF INFORMATION 
  Art. 66.255.  INFORMATION ON SUBSEQUENT ARRESTS 
  SUBCHAPTER G. DUTIES OF CRIMINAL JUSTICE AGENCIES AND CERTAIN
  COURT CLERKS
  Art. 66.301.  DUTIES OF CRIMINAL JUSTICE AGENCIES 
  Art. 66.302.  PUBLIC DISCLOSURE NOT AUTHORIZED 
  Art. 66.303.  PROHIBITED ACTS 
  Art. 66.304.  APPLICABILITY TO DISTRICT COURT AND
                 COUNTY COURT CLERKS 
  SUBCHAPTER H. OVERSIGHT AND REPORTING
  Art. 66.351.  BIENNIAL PLANS 
  Art. 66.352.  EXAMINATION OF RECORDS AND OPERATIONS 
  Art. 66.353.  MONITORING AND REPORTING DUTIES OF
                 DEPARTMENT OF PUBLIC SAFETY 
  Art. 66.354.  LOCAL DATA ADVISORY BOARDS 
  SUBCHAPTER I. GRANTS
  Art. 66.401.  GRANTS FOR CRIMINAL JUSTICE PROGRAMS 
  Art. 66.402.  CERTIFICATION REQUIRED 
  CHAPTER 66. CRIMINAL HISTORY RECORD SYSTEM
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 66.001.  DEFINITIONS. In this chapter:
               (1)  "Administration of criminal justice" means the
  detection, apprehension, detention, pretrial release, post-trial
  release, prosecution, adjudication, correctional supervision, or
  rehabilitation of an offender. The term includes criminal
  identification activities and the collection, storage, and
  dissemination of criminal history record information.
               (2)  "Computerized criminal history system" means the
  database containing arrest, disposition, and other criminal
  history maintained by the Department of Public Safety.
               (3)  "Corrections tracking system" means the database
  maintained by the Texas Department of Criminal Justice on all
  offenders under the department's supervision.
               (4)  "Council" means the Criminal Justice Policy
  Council.
               (5)  "Criminal justice agency" means a federal or state
  agency that is engaged in the administration of criminal justice
  under a statute or executive order and allocates a substantial part
  of the agency's annual budget to the administration of criminal
  justice.
               (6)  "Criminal justice information system" means the
  computerized criminal history system and the corrections tracking
  system.
               (7)  "Disposition" means an action that results in the
  termination, transfer to another jurisdiction, or indeterminate
  suspension of the prosecution of a criminal charge.
               (8)  "Electronic means" means the transmission of data
  between word processors, data processors, or similar automated
  information equipment over dedicated cables, commercial lines, or
  other similar methods of transmission.
               (9)  "Incident number" means the unique number assigned
  to a specific person during a specific arrest.
               (10)  "Offender" means any person who is assigned an
  incident number.
               (11)  "Offense code" means the numeric code for each
  offense category.
               (12)  "Release" means the termination of jurisdiction
  over an individual by the criminal justice system.
               (13)  "State identification number" means the unique
  number assigned by the Department of Public Safety to each person
  whose name appears in the criminal justice information system.  
  (Code Crim. Proc., Arts. 60.01(1), (3), (4), (5), (6), (7), (8),
  (9), (10), (11), (13), (14), (16).)
  SUBCHAPTER B. CRIMINAL JUSTICE INFORMATION SYSTEM
         Art. 66.051.  PURPOSE AND FUNCTIONS. The criminal justice
  information system shall be maintained to supply the state with a
  system:
               (1)  that provides an accurate criminal history record
  depository to:
                     (A)  law enforcement officers; and
                     (B)  criminal justice agencies for operational
  decision making;
               (2)  from which accurate criminal justice system
  modeling can be conducted; and
               (3)  that improves:
                     (A)  the quality of data used to conduct impact
  analyses of proposed legislative changes in the criminal justice
  system; and
                     (B)  the ability of interested parties to analyze
  the functioning of the criminal justice system. (Code Crim. Proc.,
  Art. 60.02(c).)
         Art. 66.052.  IMPLEMENTATION AND OPERATION OF CRIMINAL
  JUSTICE INFORMATION SYSTEM. (a) The Department of Public Safety
  shall designate offense codes and has the sole responsibility for
  designating the state identification number for each person whose
  name appears in the criminal justice information system.
         (b)  The Department of Public Safety and the Texas Department
  of Criminal Justice shall implement a system to link the
  computerized criminal history system and the corrections tracking
  system. (Code Crim. Proc., Arts. 60.02(e), (f) (part).)
         Art. 66.053.  INFORMATION COLLECTED. For each arrest for a
  felony or misdemeanor other than a misdemeanor punishable by fine
  only, the criminal justice information system must include
  information relating to:
               (1)  offenders;
               (2)  arrests;
               (3)  prosecutions;
               (4)  the disposition of cases by courts;
               (5)  sentencing; and
               (6)  the handling of offenders received by a
  correctional agency, facility, or other institution. (Code Crim.
  Proc., Art. 60.05.)
         Art. 66.054.  FINGERPRINT AND ARREST INFORMATION IN CRIMINAL
  JUSTICE INFORMATION SYSTEM. (a) When a jurisdiction transmits
  fingerprints and arrest information by a remote terminal accessing
  the statewide automated fingerprint identification system, the
  Department of Public Safety shall use that transmission to create:
               (1)  a permanent record in the criminal justice
  information system; or
               (2)  a temporary arrest record in the criminal justice
  information system to be maintained by the department until the
  department receives and processes the physical copy of the arrest
  information.
         (b)  The Department of Public Safety shall make available to
  a criminal justice agency making a background criminal inquiry any
  information contained in a temporary arrest record maintained by
  the department, including a statement that a physical copy of the
  arrest information was not available at the time the information
  was entered in the criminal justice information system.  (Code
  Crim. Proc., Art. 60.12.)
  SUBCHAPTER C. COMPUTERIZED CRIMINAL HISTORY SYSTEM
         Art. 66.101.  COMPUTERIZED CRIMINAL HISTORY SYSTEM
  DATABASE. (a) The Department of Public Safety shall record data
  and maintain the computerized criminal history system that serves
  as the record creation point for criminal history information
  maintained by the state.
         (b)  The computerized criminal history system must contain
  the information required by this chapter.
         (c)  The Department of Public Safety shall operate the
  computerized criminal history system and develop the necessary
  interfaces in the system to accommodate inquiries from the
  statewide automated fingerprint identification system implemented
  by the department. (Code Crim. Proc., Arts. 60.02(b), (d), (g).)
         Art. 66.102.  INFORMATION CONTAINED IN COMPUTERIZED
  CRIMINAL HISTORY SYSTEM. (a) In this article:
               (1)  "Appeal" means the review of a decision of a lower
  court by a superior court other than by collateral attack.
               (2)  "Rejected case" means:
                     (A)  a charge that, after the arrest of the
  offender, the prosecutor declines to include in an information or
  present to a grand jury; or
                     (B)  an information or indictment that, after the
  arrest of the offender, the prosecutor refuses to prosecute.
         (b)  Information in the computerized criminal history system
  relating to an offender must include the offender's:
               (1)  name, including other names by which the offender
  is known;
               (2)  date of birth;
               (3)  physical description, including sex, weight,
  height, race, ethnicity, eye color, hair color, scars, marks, and
  tattoos; and
               (4)  state identification number.
         (c)  Information in the computerized criminal history system
  relating to an arrest must include:
               (1)  the offender's name;
               (2)  the offender's state identification number;
               (3)  the arresting law enforcement agency;
               (4)  the arrest charge, by offense code and incident
  number;
               (5)  whether the arrest charge is a misdemeanor or
  felony;
               (6)  the date of the arrest;
               (7)  the exact disposition of the case by a law
  enforcement agency following the arrest; and
               (8)  the date of disposition of the case by the law
  enforcement agency.
         (d)  Information in the computerized criminal history system
  relating to a prosecution must include:
               (1)  each charged offense, by offense code and incident
  number;
               (2)  the level of the offense charged or the degree of
  the offense charged for each offense in Subdivision (1); and
               (3)  for a rejected case:
                     (A)  the date of rejection;
                     (B)  the offense code;
                     (C)  the incident number; and
                     (D)  whether the rejection is a result of a
  successful pretrial diversion program.
         (e)  Information in the computerized criminal history system
  relating to the disposition of a case other than a rejected case
  must include:
               (1)  the final pleading to each charged offense and the
  level of the offense;
               (2)  a listing of each charged offense disposed of by
  the court and:
                     (A)  the date of disposition;
                     (B)  the offense code for the disposed charge and
  incident number; and
                     (C)  the type of disposition; and
               (3)  for a conviction that is appealed, the final court
  decision and the final disposition of the offender's case on
  appeal.
         (f)  Information in the computerized criminal history system
  relating to sentencing must include for each sentence:
               (1)  the sentencing date;
               (2)  the sentence for each offense, by offense code and
  incident number;
               (3)  if the offender was sentenced to confinement:
                     (A)  the agency that receives custody of the
  offender;
                     (B)  the length of the sentence for each offense;
  and
                     (C)  if multiple sentences were ordered, whether
  the sentences were ordered to be served consecutively or
  concurrently;
               (4)  if the offender was sentenced to pay a fine, the
  amount of the fine;
               (5)  if a sentence to pay a fine or to confinement was
  ordered but was deferred, probated, suspended, or otherwise not
  imposed:
                     (A)  the length of the sentence or the amount of
  the fine that was deferred, probated, suspended, or otherwise not
  imposed; and
                     (B)  the offender's name, offense code, and
  incident number; and
               (6)  if a sentence other than a fine or confinement was
  ordered, a description of the sentence ordered.
         (g)  The Department of Public Safety shall maintain in the
  computerized criminal history system any information the
  department maintains in the central database under Article 62.005.
         (h)  In addition to the information described by this
  article, information in the computerized criminal history system
  must include the age of the victim of the offense if the offender
  was arrested for or charged with an offense under the following
  provisions of the Penal Code:
               (1)  Section 20.04(a)(4) (Aggravated Kidnapping), if
  the offender committed the offense with the intent to violate or
  abuse the victim sexually;
               (2)  Section 20A.02 (Trafficking of Persons), if the
  offender:
                     (A)  trafficked a person with the intent or
  knowledge that the person would engage in sexual conduct, as
  defined by Section 43.25, Penal Code; or
                     (B)  benefited from participating in a venture
  that involved a trafficked person engaging in sexual conduct, as
  defined by Section 43.25, Penal Code;
               (3)  Section 21.02 (Continuous Sexual Abuse of Young
  Child or Children);
               (4)  Section 21.11 (Indecency with a Child);
               (5)  Section 22.011 (Sexual Assault) or 22.021
  (Aggravated Sexual Assault);
               (6)  Section 30.02 (Burglary), if the offense is
  punishable under Subsection (d) of that section and the offender
  committed the offense with the intent to commit an offense
  described by Subdivision (1), (4), or (5);
               (7)  Section 43.05(a)(2) (Compelling Prostitution); or
               (8)  Section 43.25 (Sexual Performance by a Child).  
  (Code Crim. Proc., Arts. 60.01(2), (12), 60.051.)
         Art. 66.103.  DUTIES OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE
  REGARDING CRIMINAL JUSTICE INFORMATION SYSTEM. Data received by
  the Texas Department of Criminal Justice that is required by the
  Department of Public Safety for the preparation of a criminal
  history record shall be made available to the computerized criminal
  history system not later than the seventh day after the date on
  which the Texas Department of Criminal Justice receives the request
  for the data from the Department of Public Safety. (Code Crim.
  Proc., Art. 60.02(f) (part).)
         Art. 66.104.  DUTIES OF LICENSING AGENCIES TO PROVIDE
  INFORMATION REGARDING LICENSE HOLDERS. (a) The Texas Medical
  Board, the Texas State Board of Podiatric Medical Examiners, the
  State Board of Dental Examiners, the Texas State Board of Pharmacy,
  the Texas State Board of Examiners of Psychologists, and the State
  Board of Veterinary Medical Examiners shall provide to the
  Department of Public Safety through electronic means, magnetic
  tape, or disk, as specified by the department, a list of each person
  licensed by the respective agency, including the person's name and
  date of birth and any other personal descriptive information
  required by the department. Each agency shall update the
  information and submit the updated information quarterly to the
  department.
         (b)  The Department of Public Safety shall:
               (1)  perform at least quarterly a computer match of the
  licensing list against the convictions maintained in the
  computerized criminal history system; and
               (2)  report to the appropriate licensing agency for
  verification and administrative action, as considered appropriate
  by the licensing agency, the name of any person found to have a
  record of conviction, other than a defendant whose prosecution is
  deferred during a period of community supervision without an
  adjudication of guilt or a plea of guilty.
         (c)  The Department of Public Safety may charge a licensing
  agency a fee not to exceed the actual direct cost incurred by the
  department in performing a computer match and reporting to the
  agency under Subsection (b).
         (d)  The transmission of information by electronic means
  under Subsection (a) does not affect whether the information is
  subject to disclosure under Chapter 552, Government Code. (Code
  Crim. Proc., Art. 60.061.)
         Art. 66.105.  INFORMATION RELATED TO MISUSED IDENTITY. (a)
  On receipt of information from a local law enforcement agency under
  Article 2.28, the Department of Public Safety shall:
               (1)  provide the notice described by Article 2.28(1) to
  the person whose identity was misused, if the local law enforcement
  agency was unable to notify the person under that subdivision;
               (2)  take action to ensure that the information
  maintained in the computerized criminal history system reflects the
  use of the person's identity as a stolen alias; and
               (3)  notify the Texas Department of Criminal Justice
  that the person's identifying information may have been falsely
  used by an inmate in the custody of the Texas Department of Criminal
  Justice.
         (b)  On receipt of a declaration under Section 411.0421,
  Government Code, or on receipt of information similar to that
  contained in a declaration filed under that section, the Department
  of Public Safety shall separate information maintained in the
  computerized criminal history system regarding an individual whose
  identity has been misused from information maintained in that
  system regarding the person who misused the identity. (Code Crim.
  Proc., Art. 60.19.)
         Art. 66.106.  INFORMATION RELATED TO NON-FINGERPRINT
  SUPPORTED ACTIONS. (a) On receipt of a report of prosecution or
  court disposition information from a jurisdiction for which
  corresponding arrest data does not exist in the computerized
  criminal history system, the Department of Public Safety shall
  enter the report into a non-fingerprint supported file that is
  separate from the computerized criminal history system.
         (b)  The Department of Public Safety shall grant access to
  records in a non-fingerprint supported file created under
  Subsection (a) that include the subject's name or other identifier
  in the same manner as the department is required to grant access to
  criminal history record information under Subchapter F, Chapter
  411, Government Code.
         (c)  On receipt of a report of arrest information that
  corresponds to a record in a non-fingerprint supported file created
  under Subsection (a), the Department of Public Safety shall
  transfer the record from the non-fingerprint supported file to the
  computerized criminal history system. (Code Crim. Proc., Art.
  60.20.)
  SUBCHAPTER D. CORRECTIONS TRACKING SYSTEM
         Art. 66.151.  CORRECTIONS TRACKING SYSTEM DATABASE. (a)
  The Texas Department of Criminal Justice shall record data and
  establish and maintain the corrections tracking system.
         (b)  The corrections tracking system must contain the
  information required by this chapter. (Code Crim. Proc., Arts.
  60.02(a), (d).)
         Art. 66.152.  INFORMATION CONTAINED IN CORRECTIONS TRACKING
  SYSTEM. (a) Information in the corrections tracking system
  relating to a sentence to be served under the jurisdiction of the
  Texas Department of Criminal Justice must include:
               (1)  the offender's name;
               (2)  the offender's state identification number;
               (3)  the sentencing date;
               (4)  the sentence for each offense, by offense code and
  incident number;
               (5)  if the offender was sentenced to imprisonment:
                     (A)  the unit of imprisonment;
                     (B)  the length of the sentence for each offense;
  and
                     (C)  if multiple sentences were ordered, whether
  the sentences were ordered to be served consecutively or
  concurrently; and
               (6)  if a sentence other than a fine or imprisonment was
  ordered, a description of the sentence ordered.
         (b)  Sentencing information in the corrections tracking
  system must also include the following information about each
  community supervision, including deferred adjudication community
  supervision, or other alternative to imprisonment ordered:
               (1)  each conviction for which a sentence was ordered
  but was deferred, probated, suspended, or otherwise not imposed, by
  offense code and incident number; and
               (2)  if a sentence or portion of a sentence of
  imprisonment was deferred, probated, suspended, or otherwise not
  imposed:
                     (A)  the offense, the sentence, and the amount of
  the sentence deferred, probated, suspended, or otherwise not
  imposed;
                     (B)  a statement of whether any return to
  imprisonment or confinement was a condition of community
  supervision or an alternative sentence;
                     (C)  the community supervision and corrections
  department exercising jurisdiction over the offender;
                     (D)  the date the offender was received by a
  community supervision and corrections department;
                     (E)  any program in which the offender is placed
  or has previously been placed and the level of supervision on which
  the offender is placed while under the jurisdiction of a community
  supervision and corrections department;
                     (F)  the date a program described by Paragraph (E)
  begins, the date the program ends, and whether the program was
  completed successfully;
                     (G)  the date a level of supervision described by
  Paragraph (E) begins and the date the level of supervision ends;
                     (H)  if the offender's community supervision is
  revoked:
                           (i)  the reason for the revocation and the
  date of revocation, by offense code and incident number; and
                           (ii)  other current sentences of community
  supervision or other alternatives to confinement that have not been
  revoked, by offense code and incident number; and
                     (I)  the date of the offender's release from the
  community supervision and corrections department.
         (c)  Information in the corrections tracking system relating
  to the handling of offenders must include the following information
  about each imprisonment, confinement, or execution of an offender:
               (1)  the date of the imprisonment or confinement;
               (2)  if the offender was sentenced to death:
                     (A)  the date of execution; and
                     (B)  if the death sentence was commuted, the
  sentence to which the sentence of death was commuted and the date of
  commutation;
               (3)  the date the offender was released from
  imprisonment or confinement and whether the release was a discharge
  or a release on parole or to mandatory supervision;
               (4)  if the offender is released on parole or to
  mandatory supervision:
                     (A)  the offense for which the offender was
  convicted, by offense code and incident number;
                     (B)  the date the offender was received by an
  office of the parole division of the Texas Department of Criminal
  Justice;
                     (C)  the county in which the offender resides
  while under supervision;
                     (D)  any program in which the offender is placed
  or has previously been placed and the level of supervision on which
  the offender is placed while under the jurisdiction of the parole
  division;
                     (E)  the date a program described by Paragraph (D)
  begins, the date the program ends, and whether the program was
  completed successfully;
                     (F)  the date a level of supervision described by
  Paragraph (D) begins and the date the level of supervision ends;
                     (G)  if the offender's release status is revoked,
  the reason for the revocation and the date of revocation;
                     (H)  the expiration date of the sentence; and
                     (I)  the date on which the offender is:
                           (i)  released from the parole division; or
                           (ii)  granted clemency; and
               (5)  if the offender is released under Article
  42A.202(b), the date of the offender's release. (Code Crim. Proc.,
  Art. 60.052.)
  SUBCHAPTER E. ACCESS TO INFORMATION IN CRIMINAL JUSTICE
  INFORMATION SYSTEM
         Art. 66.201.  ACCESS TO DATABASES BY CRIMINAL JUSTICE
  AGENCIES AND OTHER ENTITIES. (a)  Criminal justice agencies, the
  Legislative Budget Board, and the council are entitled to access
  the databases of the Department of Public Safety, the Texas
  Juvenile Justice Department, and the Texas Department of Criminal
  Justice in accordance with applicable state or federal law or
  regulations.
         (b)  The access granted by this article does not entitle a
  criminal justice agency, the Legislative Budget Board, or the
  council to add, delete, or alter data maintained by another agency.
  (Code Crim. Proc., Art. 60.03(a).)
         Art. 66.202.  REQUEST FOR DATA FILE FROM DATABASES.
  (a)  The council or the Legislative Budget Board may submit to the
  Department of Public Safety, the Texas Juvenile Justice Department,
  and the Texas Department of Criminal Justice an annual request for a
  data file containing data elements from the departments' systems.
         (b)  The Department of Public Safety, the Texas Juvenile
  Justice Department, and the Texas Department of Criminal Justice
  shall provide the council and the Legislative Budget Board with the
  data file for the period requested, in accordance with state and
  federal law and regulations.
         (c)  If the council submits a data file request other than
  the annual data file request, the director of the agency
  maintaining the requested records must approve the request.
         (d)  The Legislative Budget Board may submit a data file
  request other than the annual data file request without the
  approval of the director of the agency maintaining the requested
  records. (Code Crim. Proc., Art. 60.03(b).)
         Art. 66.203.  PUBLIC DISCLOSURE OF DATA PROHIBITED.  A
  criminal justice agency, the council, and the Legislative Budget
  Board may not disclose to the public information in an individual's
  criminal history record if the record is protected by state or
  federal law or regulation. (Code Crim. Proc., Art. 60.03(c).)
  SUBCHAPTER F.  DATA COLLECTION AND SUBMISSION
         Art. 66.251.  UNIFORM INCIDENT FINGERPRINT CARD. (a) The
  Department of Public Safety, in consultation with the council,
  shall design, print, and distribute a uniform incident fingerprint
  card to each law enforcement agency in this state.
         (b)  The uniform incident fingerprint card must be:
               (1)  serially numbered with an incident number in such
  a manner that the individual incident of arrest may be readily
  ascertained; and
               (2)  a multiple-part form that:
                     (A)  has space for information relating to each
  charge for which a person is arrested, the person's fingerprints,
  and other information relevant to the arrest;
                     (B)  can be transmitted with the offender through
  the criminal justice process; and
                     (C)  allows each law enforcement agency to report
  required data to the Department of Public Safety or the Texas
  Department of Criminal Justice.
         (c)  Subject to available telecommunications capacity, the
  Department of Public Safety shall develop the capability to receive
  the information on the uniform incident fingerprint card by
  electronic means from a law enforcement agency. The information
  must be in a form that is compatible with the form required for data
  supplied to the criminal justice information system. (Code Crim.
  Proc., Arts. 60.01(15), 60.07.)
         Art. 66.252.  REPORTING OF INFORMATION BY LOCAL ENTITIES.
  (a) The Department of Public Safety and the Texas Department of
  Criminal Justice by rule shall develop reporting procedures that:
               (1)  ensure that the offender processing data is
  reported from the time an offender is arrested until the time an
  offender is released; and
               (2)  provide measures and policies designed to identify
  and eliminate redundant reporting of information to the criminal
  justice information system.
         (b)  The arresting law enforcement agency shall prepare a
  uniform incident fingerprint card described by Article 66.251 and
  initiate the reporting process for each offender charged with a
  felony or a misdemeanor other than a misdemeanor punishable by fine
  only.
         (c)  The clerk of the court exercising jurisdiction over a
  case shall report the disposition of the case to the Department of
  Public Safety.
         (d)  Except as provided by Subsection (e) or as otherwise
  required by applicable state law or rule, information or data
  required by this chapter to be reported to the Department of Public
  Safety or the Texas Department of Criminal Justice shall be
  reported promptly but not later than the 30th day after the date on
  which the information or data is received by the agency responsible
  for reporting it.
         (e)  An offender's arrest shall be reported to the Department
  of Public Safety not later than the seventh day after the date of
  the arrest.
         (f)  A court that orders the release of an offender under
  Article 42A.202(b) when the offender is under a bench warrant and
  not physically imprisoned in the Texas Department of Criminal
  Justice shall report the release to the department not later than
  the seventh day after the date of the release. (Code Crim. Proc.,
  Art. 60.08.)
         Art. 66.253.  COMPATIBILITY OF DATA. (a) Data supplied to
  the criminal justice information system must:
               (1)  be compatible with the system; and
               (2)  contain both incident numbers and state
  identification numbers.
         (b)  A discrete submission of information under this chapter
  must contain, in conjunction with the required information, the
  person's name and state identification number. (Code Crim. Proc.,
  Art. 60.04.)
         Art. 66.254.  ELECTRONIC REPORTING OF INFORMATION. Whenever
  possible, information relating to dispositions and subsequent
  offender processing data shall be reported electronically. (Code
  Crim. Proc., Art. 60.02(h).)
         Art. 66.255.  INFORMATION ON SUBSEQUENT ARRESTS. The
  Department of Public Safety and the Texas Department of Criminal
  Justice shall develop the capability to send by electronic means
  information about the subsequent arrest of a person under
  supervision to:
               (1)  the community supervision and corrections
  department serving the court of original jurisdiction; or
               (2)  the district parole office supervising the person.
  (Code Crim. Proc., Art. 60.18.)
  SUBCHAPTER G. DUTIES OF CRIMINAL JUSTICE AGENCIES AND CERTAIN
  COURT CLERKS
         Art. 66.301.  DUTIES OF CRIMINAL JUSTICE AGENCIES. (a) Each
  criminal justice agency shall:
               (1)  compile and maintain records needed for reporting
  data required by the Department of Public Safety and the Texas
  Department of Criminal Justice;
               (2)  transmit to the Department of Public Safety and
  the Texas Department of Criminal Justice, when and in the manner
  each department directs, all data required by the appropriate
  department;
               (3)  give the Department of Public Safety and the Texas
  Department of Criminal Justice, or the departments' accredited
  agents, access to the agency for the purpose of inspection to
  determine the completeness and accuracy of data reported;
               (4)  cooperate with the Department of Public Safety and
  the Texas Department of Criminal Justice so that each department
  may properly and efficiently perform the department's duties under
  this chapter; and
               (5)  cooperate with the Department of Public Safety  
  and the Texas Department of Criminal Justice to identify and
  eliminate redundant reporting of information to the criminal
  justice information system.
         (b)  An optical disk or other technology may be used instead
  of microfilm as a medium to store information if allowed by the
  applicable state laws or rules relating to the archiving of state
  agency information. (Code Crim. Proc., Arts. 60.06(a), (d).)
         Art. 66.302.  PUBLIC DISCLOSURE NOT AUTHORIZED. (a) An
  individual's identifiable description or a notation of an
  individual's arrest, detention, indictment, information, or other
  formal criminal charge and of any disposition of the charge,
  including sentencing, correctional supervision, and release, that
  is collected and compiled by the Department of Public Safety or the
  Texas Department of Criminal Justice from criminal justice agencies
  and maintained in a central location is not subject to public
  disclosure except as authorized by federal or state law or
  regulation.
         (b)  Subsection (a) does not apply to a document maintained
  by a criminal justice agency that is the source of information
  collected by the Department of Public Safety or the Texas
  Department of Criminal Justice. Each criminal justice agency shall
  retain the documents described by this subsection. (Code Crim.
  Proc., Arts. 60.06(b), (c).)
         Art. 66.303.  PROHIBITED ACTS. An agency official may not
  intentionally conceal or destroy any record with the intent to
  violate this subchapter. (Code Crim. Proc., Art. 60.06(e).)
         Art. 66.304.  APPLICABILITY TO DISTRICT COURT AND COUNTY
  COURT CLERKS. The duties imposed on a criminal justice agency under
  this subchapter are also imposed on district court and county court
  clerks. (Code Crim. Proc., Art. 60.06(f).)
  SUBCHAPTER H. OVERSIGHT AND REPORTING
         Art. 66.351.  BIENNIAL PLANS. The Department of Public
  Safety and the Texas Department of Criminal Justice, with advice
  from the council and the Department of Information Resources, shall
  develop biennial plans to:
               (1)  improve the reporting and accuracy of the criminal
  justice information system; and
               (2)  develop and maintain monitoring systems capable of
  identifying missing information. (Code Crim. Proc., Art.
  60.02(i).)
         Art. 66.352.  EXAMINATION OF RECORDS AND OPERATIONS. (a) At
  least once during each five-year period, the council shall
  coordinate an examination of the records and operations of the
  criminal justice information system to ensure:
               (1)  the accuracy and completeness of information in
  the system; and
               (2)  the promptness of information reporting.
         (b)  The state auditor or other appropriate entity selected
  by the council shall conduct the examination under Subsection (a)
  with the cooperation of the council, the Department of Public
  Safety, and the Texas Department of Criminal Justice.
         (c)  The council, the Department of Public Safety, and the
  Texas Department of Criminal Justice may examine the records of the
  agencies required to report information to the Department of Public
  Safety or the Texas Department of Criminal Justice.
         (d)  The examining entity under Subsection (b) shall submit
  to the legislature and the council a report that summarizes the
  findings of each examination and contains recommendations for
  improving the criminal justice information system.
         (e)  Not later than the first anniversary of the date the
  examining entity under Subsection (b) submits a report under
  Subsection (d), the Department of Public Safety shall report to the
  Legislative Budget Board, the governor, and the council the
  department's progress in implementing the examining entity's
  recommendations, including the reason for not implementing any
  recommendation.
         (f)  Each year following the submission of the report
  described by Subsection (e), the Department of Public Safety shall
  submit a similar report until each of the examining entity's
  recommendations is implemented.
         (g)  Notwithstanding any other provision of this article,
  work performed under this article by the state auditor is subject to
  approval by the legislative audit committee for inclusion in the
  audit plan under Section 321.013(c), Government Code. (Code Crim.
  Proc., Arts. 60.02(j), (m).)
         Art. 66.353.  MONITORING AND REPORTING DUTIES OF DEPARTMENT
  OF PUBLIC SAFETY. (a) The Department of Public Safety shall:
               (1)  monitor the submission of arrest and disposition
  information by local jurisdictions;
               (2)  annually submit to the Legislative Budget Board,
  the governor, the lieutenant governor, the state auditor, and the
  standing committees in the senate and house of representatives with
  primary jurisdiction over criminal justice and the department a
  report regarding the level of reporting by local jurisdictions;
               (3)  identify local jurisdictions that do not report
  arrest or disposition information or that partially report
  information; and
               (4)  for use in determining the status of outstanding
  dispositions, publish monthly on the department's Internet website
  or in another electronic publication a report listing by local
  jurisdiction each arrest for which there is no corresponding final
  court disposition.
         (b)  The report described by Subsection (a)(2) must contain a
  disposition completeness percentage for each county in this state.
  For purposes of this subsection, "disposition completeness
  percentage" means the percentage of arrest charges a county reports
  to the Department of Public Safety, to be entered in the
  computerized criminal history system under this chapter, that were
  brought against a person in the county and for which a disposition
  has been subsequently reported and entered in the computerized
  criminal history system. (Code Crim. Proc., Arts. 60.21(b), (c).)
         Art. 66.354.  LOCAL DATA ADVISORY BOARDS. (a) The
  commissioners court of each county may create a local data advisory
  board to:
               (1)  analyze the structure of local automated and
  manual data systems to identify redundant data entry and data
  storage;
               (2)  develop recommendations for the commissioners to
  improve the local data systems;
               (3)  develop recommendations, when appropriate, for
  the effective electronic transfer of required data from local
  agencies to state agencies; and
               (4)  perform any related duties to be determined by the
  commissioners court.
         (b)  Local officials responsible for collecting, storing,
  reporting, and using data may be appointed to a local data advisory
  board.
         (c)  The council and the Department of Public Safety shall,
  to the extent that resources allow, provide technical assistance
  and advice on the request of a local data advisory board. (Code
  Crim. Proc., Art. 60.09.)
  SUBCHAPTER I. GRANTS
         Art. 66.401.  GRANTS FOR CRIMINAL JUSTICE PROGRAMS. The
  council, the Department of Public Safety, the criminal justice
  division of the governor's office, and the Department of
  Information Resources cooperatively shall develop and adopt a grant
  program, to be implemented by the criminal justice division at a
  time and in a manner determined by the division, to aid local law
  enforcement agencies, prosecutors, and court personnel in
  obtaining equipment and training necessary to operate a
  telecommunications network capable of:
               (1)  making inquiries to and receiving responses from
  the statewide automated fingerprint identification system and from
  the computerized criminal history system; and
               (2)  transmitting information to those systems. (Code
  Crim. Proc., Art. 60.02(k).)
         Art. 66.402.  CERTIFICATION REQUIRED. Before allocating
  money to a county from any federal or state grant program for the
  enhancement of criminal justice programs, an agency of the state
  must certify that, using all or part of the allocated money, the
  county has taken or will take all action necessary to provide the
  Department of Public Safety and the Texas Department of Criminal
  Justice any criminal history records maintained by the county in
  the manner specified for purposes of those departments. (Code
  Crim. Proc., Art. 60.14.)
         SECTION 1.04.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 67 to read as follows:
 
  CHAPTER 67.  COMPILATION OF INFORMATION PERTAINING TO COMBINATIONS
  AND CRIMINAL STREET GANGS
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 67.001.  DEFINITIONS 
  SUBCHAPTER B. INTELLIGENCE DATABASES
  Art. 67.051.  INTELLIGENCE DATABASES REQUIRED 
  Art. 67.052.  DEPARTMENT INTELLIGENCE DATABASE 
  Art. 67.053.  INTELLIGENCE DATABASE USER TRAINING;
                 RULES 
  Art. 67.054.  SUBMISSION CRITERIA 
  SUBCHAPTER C. RELEASE AND USE OF INFORMATION
  Art. 67.101.  RELEASE AND USE OF INFORMATION 
  Art. 67.102.  CRIMINAL INFORMATION RELATING TO CHILD 
  Art. 67.103.  UNAUTHORIZED RELEASE OR USE OF CRIMINAL
                 INFORMATION; PENALTY 
  SUBCHAPTER D.  REMOVAL OF INFORMATION
  Art. 67.151.  REMOVAL OF INFORMATION RELATING TO
                 INDIVIDUAL OTHER THAN CHILD 
  Art. 67.152.  REMOVAL OF INFORMATION RELATING TO CHILD 
  SUBCHAPTER E. RIGHTS OF SUBJECT OF CRIMINAL INFORMATION
  Art. 67.201.  RIGHT TO REQUEST EXISTENCE OF CRIMINAL
                 INFORMATION 
  Art. 67.202.  RIGHT TO REQUEST REVIEW OF CRIMINAL
                 INFORMATION 
  Art. 67.203.  JUDICIAL REVIEW 
  SUBCHAPTER F. GANG RESOURCE SYSTEM
  Art. 67.251.  ESTABLISHMENT OF GANG RESOURCE SYSTEM 
  Art. 67.252.  INFORMATION INCLUDED IN GANG RESOURCE
                 SYSTEM 
  Art. 67.253.  INCLUSION OF CERTAIN INFORMATION PROHIBITED 
  Art. 67.254.  COLLECTION OF INFORMATION 
  Art. 67.255.  USE OF INFORMATION 
  Art. 67.256.  ACCESS TO INFORMATION 
  SUBCHAPTER G. TEXAS VIOLENT GANG TASK FORCE
  Art. 67.301.  DEFINITION 
  Art. 67.302.  PURPOSE 
  Art. 67.303.  TASK FORCE MEMBERS 
  Art. 67.304.  DUTIES OF TASK FORCE 
  Art. 67.305.  DUTIES OF DEPARTMENT REGARDING TASK FORCE 
  CHAPTER 67.  COMPILATION OF INFORMATION PERTAINING TO COMBINATIONS
  AND CRIMINAL STREET GANGS
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 67.001.  DEFINITIONS. In this chapter:
               (1)  "Administration of criminal justice" has the
  meaning assigned by Article 66.001.
               (2)  "Child" has the meaning assigned by Section 51.02,
  Family Code.
               (3)  "Combination" has the meaning assigned by Section
  71.01, Penal Code.
               (4)  "Criminal activity" means conduct that is subject
  to prosecution.
               (5)  "Criminal information" means facts, material,
  photographs, or data reasonably related to the investigation or
  prosecution of criminal activity.
               (6)  "Criminal justice agency" means:
                     (A)  an entity defined as a criminal justice
  agency under Article 66.001; or
                     (B)  a municipal or county agency, or school
  district law enforcement agency, that is engaged in the
  administration of criminal justice under a statute or executive
  order.
               (7)  "Criminal street gang" has the meaning assigned by
  Section 71.01, Penal Code.
               (8)  "Department" means the Department of Public Safety
  of the State of Texas.
               (9)  "Intelligence database" means a collection or
  compilation of data organized for search and retrieval to evaluate,
  analyze, disseminate, or use intelligence information relating to a
  combination or criminal street gang for the purpose of
  investigating or prosecuting a criminal offense.
               (10)  "Juvenile justice agency" has the meaning
  assigned by Section 58.101, Family Code.
               (11)  "Law enforcement agency" does not include the
  Texas Department of Criminal Justice, the Texas Juvenile Justice
  Department, or a local juvenile probation department. (Code Crim.
  Proc., Art. 61.01.)
  SUBCHAPTER B. INTELLIGENCE DATABASES
         Art. 67.051.  INTELLIGENCE DATABASES REQUIRED. (a)  Subject
  to Subsection (b), a criminal justice agency or juvenile justice
  agency shall compile criminal information into an intelligence
  database for the purpose of investigating or prosecuting the
  criminal activities of combinations or criminal street gangs.
         (b)  A law enforcement agency in a municipality with a
  population of 50,000 or more or in a county with a population of
  100,000 or more shall compile and maintain in a local or regional
  intelligence database criminal information relating to a criminal
  street gang as provided by Subsection (a).  The agency must compile
  and maintain the information in accordance with the criminal
  intelligence systems operating policies established under 28
  C.F.R. Section 23.1 et seq. and the submission criteria established
  under Article 67.054(b).
         (c)  Information described by this article may be compiled on
  paper, by computer, or in any other useful manner by a criminal
  justice agency, juvenile justice agency, or law enforcement agency.
         (d)  A local law enforcement agency described by Subsection
  (b) shall send to the department information the agency compiles
  and maintains under this chapter.  (Code Crim. Proc., Arts.
  61.02(a), (b), (b-1), 61.03(c).)
         Art. 67.052.  DEPARTMENT INTELLIGENCE DATABASE. (a) The
  department shall establish an intelligence database and shall
  maintain information received from an agency under Article
  67.051(d) in the database in accordance with the criminal
  intelligence systems operating policies established under 28
  C.F.R. Section 23.1 et seq. and the submission criteria under
  Article 67.054(b).
         (b)  The department shall designate a code to distinguish
  criminal information relating to a child and contained in the
  department's intelligence database from criminal information
  relating to an adult offender and contained in the database. (Code
  Crim. Proc., Arts. 61.02(b) (part), 61.03(d), (e).)
         Art. 67.053.  INTELLIGENCE DATABASE USER TRAINING; RULES.
  (a) The department shall enter into a memorandum of understanding
  with the United States Department of Justice or other appropriate
  federal department or agency to provide any person in this state who
  enters information into or retrieves information from an
  intelligence database described by this chapter with training
  regarding the operating principles described by 28 C.F.R. Part 23,
  as those principles relate to an intelligence database established
  or maintained under this chapter.
         (b)  A person in this state who enters information into or
  retrieves information from an intelligence database described by
  this chapter shall complete continuing education training on the
  material described by Subsection (a) at least once for each
  continuous two-year period the person has primary responsibility
  for performing a function described by this subsection.
         (c)  The department shall adopt rules necessary to implement
  this article. (Code Crim. Proc., Art. 61.12.)
         Art. 67.054.  SUBMISSION CRITERIA. (a)  In this article:
               (1)  "Family member" means a person related to another
  person within the third degree by consanguinity or affinity, as
  described by Subchapter B, Chapter 573, Government Code, except
  that the term does not include a person who is considered to be
  related to another person by affinity only as described by Section
  573.024(b), Government Code.
               (2)  "Penal institution" means:
                     (A)  a confinement facility operated by or under
  contract with any division of the Texas Department of Criminal
  Justice;
                     (B)  a confinement facility operated by or under
  contract with the Texas Juvenile Justice Department;
                     (C)  a juvenile secure pre-adjudication or
  post-adjudication facility operated by or under a local juvenile
  probation department; or
                     (D)  a county jail.
         (b)  Criminal information collected under this chapter
  relating to a criminal street gang must:
               (1)  be relevant to the identification of an
  organization that is reasonably suspected of involvement in
  criminal activity; and
               (2)  consist of:
                     (A)  a judgment under any law that includes, as a
  finding or as an element of a criminal offense, participation in a
  criminal street gang;
                     (B)  a self-admission by an individual of criminal
  street gang membership that is made during a judicial proceeding;
  or
                     (C)  except as provided by Subsection (c), any two
  of the following:
                           (i)  a self-admission by the individual of
  criminal street gang membership that is not made during a judicial
  proceeding, including the use of the Internet or other electronic
  format or medium to post photographs or other documentation
  identifying the individual as a member of a criminal street gang;
                           (ii)  an identification of the individual as
  a criminal street gang member by a reliable informant or other
  individual;
                           (iii)  a corroborated identification of the
  individual as a criminal street gang member by an informant or other
  individual of unknown reliability;
                           (iv)  evidence that the individual frequents
  a documented area of a criminal street gang and associates with
  known criminal street gang members;
                           (v)  evidence that the individual uses, in
  more than an incidental manner, criminal street gang dress, hand
  signals, tattoos, or symbols, including expressions of letters,
  numbers, words, or marks, regardless of how or the means by which
  the symbols are displayed, that are associated with a criminal
  street gang that operates in an area frequented by the individual
  and described by Subparagraph (iv);
                           (vi)  evidence that the individual has been
  arrested or taken into custody with known criminal street gang
  members for an offense or conduct consistent with criminal street
  gang activity;
                           (vii)  evidence that the individual has
  visited a known criminal street gang member, other than a family
  member of the individual, while the gang member is confined in or
  committed to a penal institution; or
                           (viii)  evidence of the individual's use of
  technology, including the Internet, to recruit new criminal street
  gang members.
         (c)  Evidence described by Subsections (b)(2)(C)(iv) and
  (vii) is not sufficient to create the eligibility of a person's
  information to be included in an intelligence database described by
  this chapter unless the evidence is combined with information
  described by another subparagraph of Subsection (b)(2)(C). (Code
  Crim. Proc., Arts. 61.02(c), (d), (e).)
  SUBCHAPTER C. RELEASE AND USE OF INFORMATION
         Art. 67.101.  RELEASE AND USE OF INFORMATION. (a) On
  request, a criminal justice agency may release information
  maintained under this chapter to:
               (1)  another criminal justice agency;
               (2)  a court; or
               (3)  a defendant in a criminal proceeding who is
  entitled to the discovery of the information under Chapter 39.
         (b)  A criminal justice agency or court may use information
  received under this article or Article 67.051(d) or 67.052 only for
  the administration of criminal justice.
         (c)  A defendant may use information received under this
  article or Article 67.051(d) or 67.052 only for a defense in a
  criminal proceeding. (Code Crim. Proc., Arts. 61.03(a), (b).)
         Art. 67.102.  CRIMINAL INFORMATION RELATING TO CHILD. (a)
  Notwithstanding Chapter 58, Family Code, criminal information
  relating to a child associated with a combination or criminal
  street gang may be compiled and released under this chapter
  regardless of the age of the child.
         (b)  A criminal justice agency or juvenile justice agency may
  release information maintained under this chapter to an attorney
  representing a child who is a party to a proceeding under Title 3,
  Family Code, if the juvenile court determines the information:
               (1)  is material to the proceeding; and
               (2)  is not privileged under law.
         (c)  An attorney may use information received under this
  article only for a child's defense in a proceeding under Title 3,
  Family Code.
         (d)  The governing body of a county or municipality served by
  a law enforcement agency described by Article 67.051(b) may adopt a
  policy to notify the parent or guardian of a child of the agency's
  observations relating to the child's association with a criminal
  street gang. (Code Crim. Proc., Art. 61.04.)
         Art. 67.103.  UNAUTHORIZED RELEASE OR USE OF CRIMINAL
  INFORMATION; PENALTY. (a) A person commits an offense if the
  person knowingly:
               (1)  uses criminal information obtained under this
  chapter for an unauthorized purpose; or
               (2)  releases the information to a person who is not
  entitled to the information.
         (b)  An offense under this article is a Class A misdemeanor.
  (Code Crim. Proc., Art. 61.05.)
  SUBCHAPTER D.  REMOVAL OF INFORMATION
         Art. 67.151.  REMOVAL OF INFORMATION RELATING TO INDIVIDUAL
  OTHER THAN CHILD. (a)  This article does not apply to information
  collected under this chapter by the Texas Department of Criminal
  Justice or the Texas Juvenile Justice Department.
         (b)  Subject to Subsection (c), information collected under
  this chapter relating to a criminal street gang must be removed
  after five years from an intelligence database established under
  Article 67.051 and the intelligence database maintained by the
  department under Article 67.052 if:
               (1)  the information relates to the investigation or
  prosecution of criminal activity engaged in by an individual other
  than a child; and
               (2)  the individual who is the subject of the
  information has not been arrested for criminal activity reported to
  the department under Chapter 66.
         (c)  The five-year period described by Subsection (b) does
  not include any period during which the individual who is the
  subject of the information is:
               (1)  confined in a correctional facility operated by or
  under contract with the Texas Department of Criminal Justice;
               (2)  committed to a secure correctional facility, as
  defined by Section 51.02, Family Code, operated by or under
  contract with the Texas Juvenile Justice Department; or
               (3)  confined in a county jail or confined in or
  committed to a facility operated by a juvenile board in lieu of
  being confined in a correctional facility described by Subdivision
  (1) or committed to a secure correctional facility described by
  Subdivision (2).  (Code Crim. Proc., Art. 61.06.)
         Art. 67.152.  REMOVAL OF INFORMATION RELATING TO CHILD. (a)  
  This article does not apply to information collected under this
  chapter by the Texas Department of Criminal Justice or the Texas
  Juvenile Justice Department.
         (b)  Subject to Subsection (c), information collected under
  this chapter relating to a criminal street gang must be removed
  after two years from an intelligence database established under
  Article 67.051 and the intelligence database maintained by the
  department under Article 67.052 if:
               (1)  the information relates to the investigation or
  prosecution of criminal activity engaged in by a child; and
               (2)  the child who is the subject of the information has
  not been:
                     (A)  arrested for criminal activity reported to
  the department under Chapter 66; or
                     (B)  taken into custody for delinquent conduct
  reported to the department under Chapter 58, Family Code.
         (c)  The two-year period described by Subsection (b) does not
  include any period during which the child who is the subject of the
  information is:
               (1)  committed to the Texas Juvenile Justice Department
  for conduct that violates a penal law of the grade of felony; or
               (2)  confined in the Texas Department of Criminal
  Justice. (Code Crim. Proc., Art. 61.07.)
  SUBCHAPTER E. RIGHTS OF SUBJECT OF CRIMINAL INFORMATION
         Art. 67.201.  RIGHT TO REQUEST EXISTENCE OF CRIMINAL
  INFORMATION. (a) A person or the parent or guardian of a child may
  request that a law enforcement agency determine whether the agency
  has collected or is maintaining, under submission criteria
  established under Article 67.054(b), criminal information relating
  solely to the person or child. The law enforcement agency shall
  respond to the request not later than the 10th business day after
  the date the agency receives the request.
         (b)  Before responding to a request under Subsection (a), a
  law enforcement agency may require reasonable written verification
  of the identity of the person making the request and the
  relationship between the parent or guardian and the child, if
  applicable, including written verification of an address, date of
  birth, driver's license number, state identification card number,
  or social security number. (Code Crim. Proc., Art. 61.075.)
         Art. 67.202.  RIGHT TO REQUEST REVIEW OF CRIMINAL
  INFORMATION. (a) On receipt of a written request of a person or the
  parent or guardian of a child that includes a showing by the person
  or the parent or guardian that a law enforcement agency may have
  collected criminal information under this chapter relating to the
  person or child that is inaccurate or does not comply with the
  submission criteria under Article 67.054(b), the head of the agency
  or the designee of the agency head shall review criminal
  information collected by the agency under this chapter relating to
  the person or child to determine if:
               (1)  reasonable suspicion exists to believe that the
  information is accurate; and
               (2)  the information complies with the submission
  criteria established under Article 67.054(b).
         (b)  If, after conducting a review of criminal information
  under Subsection (a), the agency head or designee determines that
  reasonable suspicion does not exist to believe that the information
  is accurate, or determines that the information does not comply
  with the submission criteria, the agency shall:
               (1)  destroy all records containing the information;
  and
               (2)  notify the department and the person who requested
  the review of the agency's determination and the destruction of the
  records.
         (c)  If, after conducting a review of criminal information
  under Subsection (a), the agency head or designee determines that
  reasonable suspicion exists to believe that the information is
  accurate, and determines that the information complies with the
  submission criteria, the agency shall notify the person who
  requested the review:
               (1)  of the agency's determination; and
               (2)  that the person is entitled to seek judicial
  review of the agency's determination under Article 67.203.
         (d)  On receipt of notice under Subsection (b)(2), the
  department immediately shall destroy all records containing the
  information that is the subject of the notice in the intelligence
  database maintained by the department under Article 67.052.
         (e)  A person who is committed to the Texas Juvenile Justice
  Department or confined in the Texas Department of Criminal Justice
  does not, while committed or confined, have the right to request
  review of criminal information under this article. (Code Crim.
  Proc., Art. 61.08.)
         Art. 67.203.  JUDICIAL REVIEW. (a) A person who is entitled
  to seek judicial review of a determination made under Article
  67.202(c) may file a petition for review in district court in the
  county in which the person resides.
         (b)  On the filing of a petition for review under Subsection
  (a), the district court shall conduct an in camera review of the
  criminal information that is the subject of the determination to
  determine if:
               (1)  reasonable suspicion exists to believe that the
  information is accurate; and
               (2)  the information complies with the submission
  criteria under Article 67.054(b).
         (c)  If, after conducting an in camera review of criminal
  information under Subsection (b), the court finds that reasonable
  suspicion does not exist to believe that the information is
  accurate, or finds that the information does not comply with the
  submission criteria, the court shall:
               (1)  order the law enforcement agency that collected
  the information to destroy all records containing the information;
  and
               (2)  notify the department of the court's determination
  and the destruction of the records.
         (d)  A petitioner may appeal a final judgment of a district
  court conducting an in camera review under this article.
         (e)  Information that is the subject of an in camera review
  under this article is confidential and may not be disclosed. (Code
  Crim. Proc., Art. 61.09.)
  SUBCHAPTER F. GANG RESOURCE SYSTEM
         Art. 67.251.  ESTABLISHMENT OF GANG RESOURCE SYSTEM. The
  office of the attorney general shall establish an electronic gang
  resource system to provide criminal justice agencies and juvenile
  justice agencies with information about criminal street gangs in
  this state. (Code Crim. Proc., Art. 61.11(a) (part).)
         Art. 67.252.  INFORMATION INCLUDED IN GANG RESOURCE SYSTEM.
  (a) The gang resource system established under Article 67.251 may
  include the following information with regard to any gang:
               (1)  gang name;
               (2)  gang identifiers, such as colors used, tattoos,
  and clothing preferences;
               (3)  criminal activities;
               (4)  migration trends;
               (5)  recruitment activities; and
               (6)  a local law enforcement contact.
         (b)  Information in the gang resource system shall be
  accessible according to:
               (1)  municipality or county; and
               (2)  gang name.
         (c)  The office of the attorney general may coordinate with
  the Texas Department of Criminal Justice to include information in
  the gang resource system regarding groups that have been identified
  by the Security Threat Group Management Office of the Texas
  Department of Criminal Justice. (Code Crim. Proc., Arts. 61.11(a)
  (part), (g), (h).)
         Art. 67.253.  INCLUSION OF CERTAIN INFORMATION PROHIBITED.
  Information relating to the identity of a specific offender or
  alleged offender may not be maintained in the gang resource system.
  (Code Crim. Proc., Art. 61.11(d).)
         Art. 67.254.  COLLECTION OF INFORMATION. (a) On request by
  the office of the attorney general, a criminal justice agency or
  juvenile justice agency shall make a reasonable attempt to provide
  gang information to the office of the attorney general for the
  purpose of maintaining an updated, comprehensive gang resource
  system.
         (b)  The office of the attorney general shall cooperate with
  criminal justice agencies and juvenile justice agencies in
  collecting and maintaining the accuracy of the information included
  in the gang resource system. (Code Crim. Proc., Arts. 61.11(b),
  (c).)
         Art. 67.255.  USE OF INFORMATION. Information in the gang
  resource system may be used in investigating gang-related crimes.
  Information from the system may be included in an affidavit or
  subpoena or used in connection with any other legal or judicial
  proceeding only if the information is corroborated by information
  not provided by or maintained in the system. (Code Crim. Proc.,
  Art. 61.11(e).)
         Art. 67.256.  ACCESS TO INFORMATION. Access to the gang
  resource system shall be limited to criminal justice agency
  personnel and juvenile justice agency personnel. (Code Crim.
  Proc., Art. 61.11(f).)
  SUBCHAPTER G. TEXAS VIOLENT GANG TASK FORCE
         Art. 67.301.  DEFINITION. In this subchapter, "task force"
  means the Texas Violent Gang Task Force. (Code Crim. Proc., Art.
  61.10(a).)
         Art. 67.302.  PURPOSE. The purpose of the task force is to
  form a strategic partnership among local, state, and federal
  criminal justice, juvenile justice, and correctional agencies to
  better enable those agencies to take a proactive stance toward
  tracking gang activity and the growth and spread of gangs
  statewide. (Code Crim. Proc., Art. 61.10(b).)
         Art. 67.303.  TASK FORCE MEMBERS. The task force shall
  consist of:
               (1)  a representative of the department designated by
  the director of the department;
               (2)  two representatives of the Texas Department of
  Criminal Justice, including a representative of the parole
  division, designated by the executive director of that agency;
               (3)  a representative of the office of the inspector
  general of the Texas Department of Criminal Justice designated by
  the inspector general;
               (4)  two representatives of the Texas Juvenile Justice
  Department designated by the executive director of that agency;
               (5)  a representative of the office of the attorney
  general designated by the attorney general;
               (6)  six representatives who are local law enforcement
  officers or local community supervision personnel, including
  juvenile probation personnel, designated by the governor;
               (7)  two representatives who are local prosecutors
  designated by the governor; and
               (8)  a representative of the Texas Alcoholic Beverage
  Commission designated by the executive director of that agency.
  (Code Crim. Proc., Art. 61.10(f).)
         Art. 67.304.  DUTIES OF TASK FORCE. (a) The task force
  shall focus its efforts on:
               (1)  developing, through regional task force meetings,
  a statewide networking system that will provide timely access to
  gang information;
               (2)  establishing communication between different
  criminal justice, juvenile justice, and correctional agencies,
  combining independent agency resources, and joining agencies
  together in a cooperative effort to focus on gang membership, gang
  activity, and gang migration trends; and
               (3)  forming a working group of criminal justice,
  juvenile justice, and correctional representatives from throughout
  this state to discuss specific cases and investigations involving
  gangs and other related gang activities.
         (b)  The task force may take any other actions necessary to
  accomplish the purposes of this subchapter.
         (c)  If practicable, the task force shall consult with
  representatives from one or more United States attorneys' offices
  in this state and with representatives from the following federal
  agencies who are available and assigned to a duty station in this
  state:
               (1)  the Federal Bureau of Investigation;
               (2)  the Federal Bureau of Prisons;
               (3)  the United States Drug Enforcement
  Administration;
               (4)  United States Immigration and Customs
  Enforcement;
               (5)  United States Customs and Border Protection;
               (6)  the Bureau of Alcohol, Tobacco, Firearms and
  Explosives;
               (7)  the United States Marshals Service; and
               (8)  the United States Probation and Pretrial Services
  System. (Code Crim. Proc., Arts. 61.10(c), (d), (g).)
         Art. 67.305.  DUTIES OF DEPARTMENT REGARDING TASK FORCE.
  The department shall support the task force to assist in
  coordinating statewide antigang initiatives. (Code Crim. Proc.,
  Art. 61.10(e).)
  ARTICLE 2. CONFORMING AMENDMENTS FOR ARTICLES 18.20 AND 18.21,
  CODE OF CRIMINAL PROCEDURE: CHAPTER 16, PENAL CODE
         SECTION 2.01.  Sections 16.02(a), (b), (c), (d), (e), and
  (e-1), Penal Code, are amended to read as follows:
         (a)  In this section:
               (1)  "Communication [, "computer trespasser," "covert
  entry," "communication] common carrier," "computer trespasser,"
  "contents," "covert entry," "electronic communication,"
  ["electronic, mechanical, or other device," "immediate
  life-threatening situation,"] "intercept," "interception device,"
  "investigative or law enforcement officer," ["member of a law
  enforcement unit specially trained to respond to and deal with
  life-threatening situations,"] "oral communication," "protected
  computer," ["readily accessible to the general public,"] and "wire
  communication" have the meanings assigned by [given those terms in]
  Article 18A.001 [18.20], Code of Criminal Procedure.
               (2)  "Immediate life-threatening situation" and
  "member of a law enforcement unit specially trained to respond to
  and deal with life-threatening situations" have the meanings
  assigned by Article 18A.201, Code of Criminal Procedure.
               (3)  "Readily accessible to the general public" means,
  with respect to a radio communication, a communication that is not:
                     (A)  scrambled or encrypted;
                     (B)  transmitted using modulation techniques
  whose essential parameters have been withheld from the public with
  the intention of preserving the privacy of the communication;
                     (C)  carried on a subcarrier or other signal
  subsidiary to a radio transmission;
                     (D)  transmitted over a communication system
  provided by a common carrier, unless the communication is a
  tone-only paging system communication;
                     (E)  transmitted on frequencies allocated under
  Part 25, Subpart D, E, or F of Part 74, or Part 94 of the rules of the
  Federal Communications Commission, unless, in the case of a
  communication transmitted on a frequency allocated under Part 74
  that is not exclusively allocated to broadcast auxiliary services,
  the communication is a two-way voice communication by radio; or
                     (F)  an electronic communication.
         (b)  A person commits an offense if the person:
               (1)  intentionally intercepts, endeavors to intercept,
  or procures another person to intercept or endeavor to intercept a
  wire, oral, or electronic communication;
               (2)  intentionally discloses or endeavors to disclose
  to another person the contents of a wire, oral, or electronic
  communication if the person knows or has reason to know the
  information was obtained through the interception of a wire, oral,
  or electronic communication in violation of this subsection;
               (3)  intentionally uses or endeavors to use the
  contents of a wire, oral, or electronic communication if the person
  knows or is reckless about whether the information was obtained
  through the interception of a wire, oral, or electronic
  communication in violation of this subsection;
               (4)  knowingly or intentionally effects a covert entry
  for the purpose of intercepting wire, oral, or electronic
  communications without court order or authorization; or
               (5)  intentionally uses, endeavors to use, or procures
  any other person to use or endeavor to use any interception
  [electronic, mechanical, or other] device to intercept any oral
  communication when the device:
                     (A)  is affixed to, or otherwise transmits a
  signal through a wire, cable, or other connection used in wire
  communications; or
                     (B)  transmits communications by radio or
  interferes with the transmission of communications by radio.
         (c)  It is an affirmative defense to prosecution under
  Subsection (b) that:
               (1)  an operator of a switchboard or an officer,
  employee, or agent of a communication common carrier whose
  facilities are used in the transmission of a wire or electronic
  communication intercepts a communication or discloses or uses an
  intercepted communication in the normal course of employment while
  engaged in an activity that is a necessary incident to the rendition
  of service or to the protection of the rights or property of the
  carrier of the communication, unless the interception results from
  the communication common carrier's use of service observing or
  random monitoring for purposes other than mechanical or service
  quality control checks;
               (2)  an officer, employee, or agent of a communication
  common carrier provides information, facilities, or technical
  assistance to an investigative or law enforcement officer who is
  authorized as provided by this section to intercept a wire, oral, or
  electronic communication;
               (3)  a person acting under color of law intercepts:
                     (A)  a wire, oral, or electronic communication, if
  the person is a party to the communication or if one of the parties
  to the communication has given prior consent to the interception;
                     (B)  a wire, oral, or electronic communication, if
  the person is acting under the authority of Chapter 18A [Article
  18.20], Code of Criminal Procedure; or
                     (C)  a wire or electronic communication made by a
  computer trespasser and transmitted to, through, or from a
  protected computer, if:
                           (i)  the interception did not acquire a
  communication other than one transmitted to or from the computer
  trespasser;
                           (ii)  the owner of the protected computer
  consented to the interception of the computer trespasser's
  communications on the protected computer; and
                           (iii)  the actor was lawfully engaged in an
  ongoing criminal investigation and the actor had reasonable
  suspicion to believe that the contents of the computer trespasser's
  communications likely to be obtained would be material to the
  investigation;
               (4)  a person not acting under color of law intercepts a
  wire, oral, or electronic communication, if:
                     (A)  the person is a party to the communication;
  or
                     (B)  one of the parties to the communication has
  given prior consent to the interception, unless the communication
  is intercepted for the purpose of committing an unlawful act;
               (5)  a person acting under color of law intercepts a
  wire, oral, or electronic communication if:
                     (A)  oral or written consent for the interception
  is given by a magistrate before the interception;
                     (B)  an immediate life-threatening situation
  exists;
                     (C)  the person is a member of a law enforcement
  unit specially trained to:
                           (i)  respond to and deal with
  life-threatening situations; or
                           (ii)  install interception [electronic,
  mechanical, or other] devices; and
                     (D)  the interception ceases immediately on
  termination of the life-threatening situation;
               (6)  an officer, employee, or agent of the Federal
  Communications Commission intercepts a communication transmitted
  by radio or discloses or uses an intercepted communication in the
  normal course of employment and in the discharge of the monitoring
  responsibilities exercised by the Federal Communications
  Commission in the enforcement of Chapter 5, Title 47, United States
  Code;
               (7)  a person intercepts or obtains access to an
  electronic communication that was made through an electronic
  communication system that is configured to permit the communication
  to be readily accessible to the general public;
               (8)  a person intercepts radio communication, other
  than a cordless telephone communication that is transmitted between
  a cordless telephone handset and a base unit, that is transmitted:
                     (A)  by a station for the use of the general
  public;
                     (B)  to ships, aircraft, vehicles, or persons in
  distress;
                     (C)  by a governmental, law enforcement, civil
  defense, private land mobile, or public safety communications
  system that is readily accessible to the general public, unless the
  radio communication is transmitted by a law enforcement
  representative to or from a mobile data terminal;
                     (D)  by a station operating on an authorized
  frequency within the bands allocated to the amateur, citizens band,
  or general mobile radio services; or
                     (E)  by a marine or aeronautical communications
  system;
               (9)  a person intercepts a wire or electronic
  communication the transmission of which causes harmful
  interference to a lawfully operating station or consumer electronic
  equipment, to the extent necessary to identify the source of the
  interference;
               (10)  a user of the same frequency intercepts a radio
  communication made through a system that uses frequencies monitored
  by individuals engaged in the provision or the use of the system, if
  the communication is not scrambled or encrypted; or
               (11)  a provider of an electronic communications
  service records the fact that a wire or electronic communication
  was initiated or completed in order to protect the provider,
  another provider furnishing service towards the completion of the
  communication, or a user of that service from fraudulent, unlawful,
  or abusive use of the service.
         (d)  A person commits an offense if the person:
               (1)  intentionally manufactures, assembles, possesses,
  or sells an interception [electronic, mechanical, or other] device
  knowing or having reason to know that the device is designed
  primarily for nonconsensual interception of wire, electronic, or
  oral communications and that the device or a component of the device
  has been or will be used for an unlawful purpose; or
               (2)  places in a newspaper, magazine, handbill, or
  other publication an advertisement of an interception [electronic,
  mechanical, or other] device:
                     (A)  knowing or having reason to know that the
  device is designed primarily for nonconsensual interception of
  wire, electronic, or oral communications;
                     (B)  promoting the use of the device for the
  purpose of nonconsensual interception of wire, electronic, or oral
  communications; or
                     (C)  knowing or having reason to know that the
  advertisement will promote the use of the device for the purpose of
  nonconsensual interception of wire, electronic, or oral
  communications.
         (e)  It is an affirmative defense to prosecution under
  Subsection (d) that the manufacture, assembly, possession, or sale
  of an interception [electronic, mechanical, or other] device that
  is designed primarily for the purpose of nonconsensual interception
  of wire, electronic, or oral communication is by:
               (1)  a communication common carrier or a provider of
  wire or electronic communications service or an officer, agent, or
  employee of or a person under contract with a communication common
  carrier or service provider acting in the normal course of the
  provider's or [communication] carrier's business;
               (2)  an officer, agent, or employee of a person under
  contract with, bidding on contracts with, or doing business with
  the United States or this state acting in the normal course of the
  activities of the United States or this state;
               (3)  a member of the Department of Public Safety who is
  specifically trained to install wire, oral, or electronic
  communications intercept equipment; or
               (4)  a member of a local law enforcement agency that has
  an established unit specifically designated to respond to and deal
  with life-threatening situations.
         (e-1)  It is a defense to prosecution under Subsection (d)(1)
  that the interception [electronic, mechanical, or other] device is
  possessed by a person authorized to possess the device under
  Section 500.008, Government Code, or Section 242.103, Human
  Resources Code.
         SECTION 2.02.  Sections 16.03(b) and (c), Penal Code, are
  amended to read as follows:
         (b)  In this section:
               (1)  "Authorized"[, "authorized] peace officer,"
  ["communications common carrier,"] "pen register," and "trap and
  trace device" have the meanings assigned by Article 18B.001
  [18.21], Code of Criminal Procedure.
               (2)  "Communication common carrier" has the meaning
  assigned by Article 18A.001, Code of Criminal Procedure.
         (c)  It is an affirmative defense to prosecution under
  Subsection (a) that the actor is:
               (1)  an officer, employee, or agent of a communication
  [communications] common carrier and the actor installs or uses a
  device or equipment to record a number dialed from or to a telephone
  instrument in the normal course of business of the carrier for
  purposes of:
                     (A)  protecting property or services provided by
  the carrier; or
                     (B)  assisting another who the actor reasonably
  believes to be a peace officer authorized to install or use a pen
  register or trap and trace device under Chapter 18B [Article
  18.21], Code of Criminal Procedure;
               (2)  an officer, employee, or agent of a lawful
  enterprise and the actor installs or uses a device or equipment
  while engaged in an activity that:
                     (A)  is a necessary incident to the rendition of
  service or to the protection of property of or services provided by
  the enterprise; and
                     (B)  is not made for the purpose of gathering
  information for a law enforcement agency or private investigative
  agency, other than information related to the theft of
  communication or information services provided by the enterprise;
  or
               (3)  a person authorized to install or use a pen
  register or trap and trace device under Chapter 18B [Article
  18.21], Code of Criminal Procedure.
         SECTION 2.03.  Sections 16.04(a) and (e), Penal Code, are
  amended to read as follows:
         (a)  In this section:
               (1)  "Electronic[, "electronic] communication,"
  ["electronic storage,"] "user," and "wire communication" have the
  meanings assigned by [to those terms in] Article 18A.001 [18.21],
  Code of Criminal Procedure.
               (2)  "Electronic storage" has the meaning assigned by
  Article 18B.001, Code of Criminal Procedure.
         (e)  It is an affirmative defense to prosecution under
  Subsection (b) that the conduct was authorized by:
               (1)  the provider of the wire or electronic
  communications service;
               (2)  the user of the wire or electronic communications
  service;
               (3)  the addressee or intended recipient of the wire or
  electronic communication; or
               (4)  Chapter 18B [Article 18.21], Code of Criminal
  Procedure.
         SECTION 2.04.  Section 16.05(a), Penal Code, is amended to
  read as follows:
         (a)  In this section, "electronic [communication,"
  "electronic] communications service" has [service," and
  "electronic communications system" have] the meaning assigned by 
  [meanings given those terms in] Article 18A.001 [18.20], Code of
  Criminal Procedure.
  ARTICLE 3. OTHER CONFORMING AMENDMENTS FOR ARTICLES 18.20 AND
  18.21, CODE OF CRIMINAL PROCEDURE
         SECTION 3.01.  Section 71.0083(b), Agriculture Code, is
  amended to read as follows:
         (b)  An agriculture warrant may be issued only by a
  magistrate authorized to issue a search warrant under Chapter 18,
  18A, or 18B, Code of Criminal Procedure, only after the department
  has exercised reasonable efforts to obtain consent to conduct a
  search, and on application by the department accompanied by a
  supporting affidavit that establishes probable cause for the
  issuance of the warrant.  The warrant must describe:
               (1)  the street address and municipality or the parcel
  number and county of each place or premises subject to the warrant;
  and
               (2)  each type of plant pest or disease that is the
  subject of the warrant.
         SECTION 3.02.  Section 123.001(2), Civil Practice and
  Remedies Code, is amended to read as follows:
               (2)  "Interception" means the aural acquisition of the
  contents of a communication through the use of an interception
  [electronic, mechanical, or other] device that is made without the
  consent of a party to the communication, but does not include the
  ordinary use of:
                     (A)  a telephone or telegraph instrument or
  facility or telephone and telegraph equipment;
                     (B)  a hearing aid designed to correct subnormal
  hearing to not better than normal;
                     (C)  a radio, television, or other wireless
  receiver; or
                     (D)  a cable system that relays a public wireless
  broadcast from a common antenna to a receiver.
         SECTION 3.03.  Article 18.02(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  For purposes of Subsection (a)(13): 
               (1)  "Electronic communication" [, "electronic
  communication," "electronic storage,"] and "wire communication"
  have the meanings assigned by Article 18A.001.
               (2)  "Electronic [18.20, and "electronic] customer
  data" and "electronic storage" have [has] the meanings [meaning]
  assigned by Article 18B.001 [18.21].
         SECTION 3.04.  Article 18.0215(d), Code of Criminal
  Procedure, is amended to read as follows:
         (d)  Notwithstanding any other law, a peace officer may
  search a cellular telephone or other wireless communications device
  without a warrant if:
               (1)  the owner or possessor of the telephone or device
  consents to the search;
               (2)  the telephone or device is reported stolen by the
  owner or possessor; or
               (3)  the officer reasonably believes that:
                     (A)  the telephone or device is in the possession
  of a fugitive from justice for whom an arrest warrant has been
  issued for committing a felony offense; or
                     (B)  there exists an immediate life-threatening
  situation, as defined by [Section 1,] Article 18A.201 [18.20].
         SECTION 3.05.  Article 18.04, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18.04.  CONTENTS OF WARRANT.  A search warrant issued
  under this chapter, Chapter 18A, or Chapter 18B shall be sufficient
  if it contains the following requisites:
               (1)  that it run in the name of "The State of Texas";
               (2)  that it identify, as near as may be, that which is
  to be seized and name or describe, as near as may be, the person,
  place, or thing to be searched;
               (3)  that it command any peace officer of the proper
  county to search forthwith the person, place, or thing named;
               (4)  that it be dated and signed by the magistrate; and
               (5)  that the magistrate's name appear in clearly
  legible handwriting or in typewritten form with the magistrate's
  signature.
         SECTION 3.06.  Article 18.06(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A peace officer to whom a search warrant is delivered
  shall execute the warrant without delay and forthwith return the
  warrant to the proper magistrate. A search warrant issued under
  [Section 5A,] Article 18B.354 [18.21,] must be executed in the
  manner provided by Article 18B.355 [that section] not later than
  the 11th day after the date of issuance.  In all other cases, a
  search warrant must be executed within three days from the time of
  its issuance.  A warrant issued under this chapter, Chapter 18A, or
  Chapter 18B shall be executed within a shorter period if so directed
  in the warrant by the magistrate.
         SECTION 3.07.  Articles 18.07(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  The period allowed for the execution of a search
  warrant, exclusive of the day of its issuance and of the day of its
  execution, is:
               (1)  15 whole days if the warrant is issued solely to
  search for and seize specimens from a specific person for DNA
  analysis and comparison, including blood and saliva samples;
               (2)  10 whole days if the warrant is issued under
  [Section 5A,] Article 18B.354 [18.21]; or
               (3)  three whole days if the warrant is issued for a
  purpose other than that described by Subdivision (1) or (2).
         (b)  The magistrate issuing a search warrant under this
  chapter, Chapter 18A, or Chapter 18B shall endorse on the search
  warrant the date and hour of its issuance.
         SECTION 3.08.  Section 54.978(e), Government Code, is
  amended to read as follows:
         (e)  In this subsection, ["pen register,"] "ESN reader,"
  "pen register," and "trap and trace device" [device," and "mobile
  tracking device"] have the meanings assigned by Article 18B.001
  [Section 18.21], Code of Criminal Procedure, and "mobile tracking
  device" has the meaning assigned by Article 18B.201, Code of
  Criminal Procedure.  A magistrate may:
               (1)  notwithstanding [Section 2(a),] Article 18B.051
  or 18B.052 [18.21], Code of Criminal Procedure, issue an order
  under Subchapter C, Chapter 18B [Section 2, Article 18.21], Code of
  Criminal Procedure, for the installation and use of:
                     (A)  a pen register;
                     (B)  an ESN reader;
                     (C)  a trap and trace device; or
                     (D)  equipment that combines the function of a pen
  register and a trap and trace device;
               (2)  issue an order to obtain access to stored
  communications under [Section 5,] Article 18B.352 [18.21], Code of
  Criminal Procedure; and
               (3)  notwithstanding [Section 14(a),] Article
  18B.203(a) [18.21], Code of Criminal Procedure, issue an order for
  the installation and use of a mobile tracking device under
  Subchapter E, Chapter 18B [Section 14, Article 18.21], Code of
  Criminal Procedure.
         SECTION 3.09.  Section 421.004, Government Code, is amended
  to read as follows:
         Sec. 421.004.  PROVISIONS GOVERNING MOBILE TRACKING
  DEVICES. In the event of a conflict between Subchapter E, Chapter
  18B [Section 14, Article 18.21], Code of Criminal Procedure, and
  this chapter or a rule adopted under this chapter, Subchapter E,
  Chapter 18B [Section 14, Article 18.21], Code of Criminal
  Procedure, controls.
         SECTION 3.10.  Section 493.0191, Government Code, is amended
  to read as follows:
         Sec. 493.0191.  ADMINISTRATIVE SUBPOENAS. (a) The
  inspector general may issue an administrative subpoena to a
  communication [communications] common carrier or an electronic
  communications service provider to compel the production of the
  carrier's or service provider's business records that:
               (1)  disclose information about:
                     (A)  the carrier's or service provider's
  customers; or
                     (B)  users of the services offered by the carrier
  or service provider; and
               (2)  are material to a criminal investigation of an
  escape or a potential escape or a violation of Section 38.11, Penal
  Code.
         (b)  In this section:
               (1)  "Communication ["Communications] common carrier"
  means a person that:
                     (A)  for a fee, provides directly to the public or
  to certain members of the public the ability to transmit between or
  among points specified by the person who uses that ability,
  regardless of the technology used, information of the person's
  choosing without change in the form or content of the information
  transmitted; or
                     (B)  is a provider that bills customers for
  services described by Paragraph (A).
               (2)  "Electronic communications service provider"
  means a service provider that provides to users of the service the
  ability to send or receive wire or electronic communications, as
  those terms are defined by Article 18A.001 [18.20], Code of
  Criminal Procedure.
         SECTION 3.11.  Sections 500.008(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The department may own and the office of inspector
  general may possess, install, operate, or monitor an interception
  [electronic, mechanical, or other] device, as defined by Article
  18A.001 [18.20], Code of Criminal Procedure.
         (b)  The inspector general shall designate in writing the
  commissioned officers of the office of inspector general who are
  authorized to possess, install, operate, and monitor interception
  [electronic, mechanical, or other] devices for the department.
         SECTION 3.12.  Section 242.841(2), Health and Safety Code,
  is amended to read as follows:
               (2)  "Electronic monitoring device":
                     (A)  includes:
                           (i)  video surveillance cameras installed in
  the room of a resident; and
                           (ii)  audio devices installed in the room of
  a resident designed to acquire communications or other sounds
  occurring in the room; and
                     (B)  does not include an interception
  [electronic, mechanical, or other] device that is specifically used
  for the nonconsensual interception of wire or electronic
  communications.
         SECTION 3.13.  Section 242.842(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A communication or other sound acquired by an audio
  electronic monitoring device installed under the provisions of this
  subchapter concerning authorized electronic monitoring is not
  considered to be:
               (1)  an oral communication as defined by [Section 1,]
  Article 18A.001 [18.20], Code of Criminal Procedure; or
               (2)  a communication as defined by Section 123.001,
  Civil Practice and Remedies Code.
         SECTION 3.14.  Section 555.151(2), Health and Safety Code,
  is amended to read as follows:
               (2)  "Electronic monitoring device":
                     (A)  includes:
                           (i)  video surveillance cameras installed in
  a resident's room; and
                           (ii)  audio devices installed in a
  resident's room designed to acquire communications or other sounds
  occurring in the room; and
                     (B)  does not include an interception
  [electronic, mechanical, or other] device that is specifically used
  for the nonconsensual interception of wire or electronic
  communications.
         SECTION 3.15.  Section 555.152(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A communication or other sound acquired by an audio
  electronic monitoring device installed under the provisions of this
  subchapter concerning authorized electronic monitoring is not
  considered to be:
               (1)  an oral communication as defined by [Section 1,]
  Article 18A.001 [18.20], Code of Criminal Procedure; or
               (2)  a communication as defined by Section 123.001,
  Civil Practice and Remedies Code.
         SECTION 3.16.  Sections 242.103(a) and (b), Human Resources
  Code, are amended to read as follows:
         (a)  The department may own and the office of the inspector
  general may possess, install, operate, or monitor an interception
  [electronic, mechanical, or other] device, as defined by Article
  18A.001 [18.20], Code of Criminal Procedure.
         (b)  The inspector general shall designate in writing the
  commissioned officers of the office of inspector general who are
  authorized to possess, install, operate, and monitor interception
  [electronic, mechanical, or other] devices for the department.
         SECTION 3.17.  Section 33.01(3), Penal Code, is amended to
  read as follows:
               (3)  "Communication ["Communications] common carrier"
  means a person who owns or operates a telephone system in this state
  that includes equipment or facilities for the conveyance,
  transmission, or reception of communications and who receives
  compensation from persons who use that system.
         SECTION 3.18.  Section 33.03, Penal Code, is amended to read
  as follows:
         Sec. 33.03.  DEFENSES. It is an affirmative defense to
  prosecution under Section 33.02 that the actor was an officer,
  employee, or agent of a communication [communications] common
  carrier or electric utility and committed the proscribed act or
  acts in the course of employment while engaged in an activity that
  is a necessary incident to the rendition of service or to the
  protection of the rights or property of the communication
  [communications] common carrier or electric utility.
         SECTION 3.19.  Section 38.11(k), Penal Code, is amended to
  read as follows:
         (k)  A person commits an offense if, with the intent to
  provide to or make a cellular telephone or other wireless
  communications device or a component of one of those devices
  available for use by a person in the custody of a correctional
  facility, the person:
               (1)  acquires a cellular telephone or other wireless
  communications device or a component of one of those devices to be
  delivered to the person in custody;
               (2)  provides a cellular telephone or other wireless
  communications device or a component of one of those devices to
  another person for delivery to the person in custody; or
               (3)  makes a payment to a communication common carrier,
  as defined by Article 18A.001 [18.20], Code of Criminal Procedure,
  or to any communication service that provides to its users the
  ability to send or receive wire or electronic communications.
  ARTICLE 4.  CONFORMING AMENDMENTS FOR CHAPTERS 60 AND 61, CODE OF
  CRIMINAL PROCEDURE
         SECTION 4.01.  Article 2.021, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.021.  DUTIES OF ATTORNEY GENERAL. The attorney
  general may offer to a county or district attorney the assistance of
  the attorney general's office in the prosecution of an offense
  described by Article 66.102(h) [60.051(g)] the victim of which is
  younger than 17 years of age at the time the offense is committed.  
  On request of a county or district attorney, the attorney general
  shall assist in the prosecution of an offense described by Article
  66.102(h) [60.051(g)] the victim of which is younger than 17 years
  of age at the time the offense is committed.  For purposes of this
  article, assistance includes investigative, technical, and
  litigation assistance of the attorney general's office.
         SECTION 4.02.  Section 1, Article 42.01, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  A judgment is the written declaration of the court
  signed by the trial judge and entered of record showing the
  conviction or acquittal of the defendant.  The sentence served
  shall be based on the information contained in the judgment.  The
  judgment shall reflect:
               1.  The title and number of the case;
               2.  That the case was called and the parties appeared,
  naming the attorney for the state, the defendant, and the attorney
  for the defendant, or, where a defendant is not represented by
  counsel, that the defendant knowingly, intelligently, and
  voluntarily waived the right to representation by counsel;
               3.  The plea or pleas of the defendant to the offense
  charged;
               4.  Whether the case was tried before a jury or a jury
  was waived;
               5.  The submission of the evidence, if any;
               6.  In cases tried before a jury that the jury was
  charged by the court;
               7.  The verdict or verdicts of the jury or the finding
  or findings of the court;
               8.  In the event of a conviction that the defendant is
  adjudged guilty of the offense as found by the verdict of the jury
  or the finding of the court, and that the defendant be punished in
  accordance with the jury's verdict or the court's finding as to the
  proper punishment;
               9.  In the event of conviction where death or any
  punishment is assessed that the defendant be sentenced to death, a
  term of confinement or community supervision, or to pay a fine, as
  the case may be;
               10.  In the event of conviction where the imposition of
  sentence is suspended and the defendant is placed on community
  supervision, setting forth the punishment assessed, the length of
  community supervision, and the conditions of community
  supervision;
               11.  In the event of acquittal that the defendant be
  discharged;
               12.  The county and court in which the case was tried
  and, if there was a change of venue in the case, the name of the
  county in which the prosecution was originated;
               13.  The offense or offenses for which the defendant
  was convicted;
               14.  The date of the offense or offenses and degree of
  offense for which the defendant was convicted;
               15.  The term of sentence;
               16.  The date judgment is entered;
               17.  The date sentence is imposed;
               18.  The date sentence is to commence and any credit for
  time served;
               19.  The terms of any order entered pursuant to Article
  42.08 that the defendant's sentence is to run cumulatively or
  concurrently with another sentence or sentences;
               20.  The terms of any plea bargain;
               21.  Affirmative findings entered pursuant to Article
  42A.054(c) or (d);
               22.  The terms of any fee payment ordered under Article
  42.151;
               23.  The defendant's thumbprint taken in accordance
  with Article 38.33;
               24.  In the event that the judge orders the defendant to
  repay a reward or part of a reward under Articles 37.073 and 42.152,
  a statement of the amount of the payment or payments required to be
  made;
               25.  In the event that the court orders restitution to
  be paid to the victim, a statement of the amount of restitution
  ordered and:
                     (A)  the name and address of a person or agency
  that will accept and forward restitution payments to the victim; or
                     (B)  if the court specifically elects to have
  payments made directly to the crime victim, the name and permanent
  address of the victim at the time of judgment;
               26.  In the event that a presentence investigation is
  required by Subchapter F, Chapter 42A, a statement that the
  presentence investigation was done according to the applicable
  provision;
               27.  In the event of conviction of an offense for which
  registration as a sex offender is required under Chapter 62, a
  statement that the registration requirement of that chapter applies
  to the defendant and a statement of the age of the victim of the
  offense;
               28.  The defendant's state identification number
  required by Article 66.152(a)(2) [Section 60.052(a)(2)], if that
  number has been assigned at the time of the judgment; and
               29.  The incident number required by Article
  66.152(a)(4) [Section 60.052(a)(4)], if that number has been
  assigned at the time of the judgment.
         SECTION 4.03.  Article 42A.507(a), Code of Criminal