85R7065 JSC-D
	By: Whitmire	S.B. No. 1856

	A BILL TO BE ENTITLED
	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
	Procedure, is amended to read as follows:
	(a)  This article applies only to a defendant who:
	(1)  is identified as a member of a criminal street gang
	in an intelligence database established under Chapter 67 [61]; and
	(2)  has two or more times been previously convicted
	of, or received a grant of deferred adjudication community
	supervision or another functionally equivalent form of community
	supervision or probation for, a felony offense under the laws of
	this state, another state, or the United States.
	SECTION 4.04.  Section 3(b), Article 55.02, Code of Criminal
	Procedure, is amended to read as follows:
	(b)  The order of expunction entered by the court shall have
	attached and incorporate by reference a copy of the judgment of
	acquittal and shall include:
	(1)  the following information on the person who is the
	subject of the expunction order:
	(A)  full name;
	(B)  sex;
	(C)  race;
	(D)  date of birth;
	(E)  driver's license number; and
	(F)  social security number;
	(2)  the offense charged against the person who is the
	subject of the expunction order;
	(3)  the date the person who is the subject of the
	expunction order was arrested;
	(4)  the case number and court of offense; and
	(5)  the tracking incident number (TRN) assigned to the
	individual incident of arrest under Article 66.251(b)(1)
	[60.07(b)(1)] by the Department of Public Safety.
	SECTION 4.05.  Section 58.111, Family Code, is amended to
	read as follows:
	Sec. 58.111.  LOCAL DATA ADVISORY BOARDS. The commissioners
	court of each county may create a local data advisory board to
	perform the same duties relating to the juvenile justice
	information system as the duties performed by a local data advisory
	board in relation to the criminal history record system under
	Article 66.354 [60.09], Code of Criminal Procedure.
	SECTION 4.06.  Section 58.202, Family Code, is amended to
	read as follows:
	Sec. 58.202.  EXEMPTED RECORDS. The following records are
	exempt from this subchapter:
	(1)  sex offender registration records maintained by
	the department or a local law enforcement agency under Chapter 62,
	Code of Criminal Procedure; and
	(2)  records relating to a criminal combination or
	criminal street gang maintained by the department or a local law
	enforcement agency under Chapter 67 [61], Code of Criminal
	Procedure.
	SECTION 4.07.  Section 411.048(a)(1), Government Code, is
	amended to read as follows:
	(1)  "Criminal justice agency" has the meaning assigned
	by Article 66.001 [60.01], Code of Criminal Procedure.
	SECTION 4.08.  Section 411.048(g), Government Code, is
	amended to read as follows:
	(g)  An individual who is the subject of information
	collected under this section may request that the director, the
	director's designee, or a court review the information to determine
	whether the information complies with rules adopted by the
	director. The review shall be conducted using the same procedure
	for reviewing criminal information collected under Chapter 67 [61],
	Code of Criminal Procedure.
	SECTION 4.09.  Section 411.0601, Government Code, is amended
	to read as follows:
	Sec. 411.0601.  DEFINITION. In this subchapter, "criminal
	justice agency" has the meaning assigned by Article 66.001 [60.01],
	Code of Criminal Procedure.
	SECTION 4.10.  Section 411.082(1), Government Code, is
	amended to read as follows:
	(1)  "Administration of criminal justice" has the
	meaning assigned by Article 66.001 [60.01], Code of Criminal
	Procedure.
	SECTION 4.11.  Section 493.0155, Government Code, is amended
	to read as follows:
	Sec. 493.0155.  PROPER IDENTIFICATION OF INMATES USING
	ALIAS. On receipt of information from the Department of Public
	Safety under Article 66.105 [60.19], Code of Criminal Procedure,
	that a person's identifying information may have been falsely used
	by an inmate as the inmate's identifying information, regardless of
	whether the inmate is in the custody of the department, is serving a
	period of supervised release, or has been discharged, the
	department shall:
	(1)  make a reasonable effort to identify the inmate's
	actual identity; and
	(2)  take action to ensure that any information
	maintained in the department's records and files regarding the
	inmate reflects the inmate's use of the person's identity as a
	stolen alias and refers to available information concerning the
	inmate's actual identity.
	SECTION 4.12.  Section 508.227(a), Government Code, is
	amended to read as follows:
	(a)  This section applies only to a releasee who:
	(1)  is identified as a member of a criminal street gang
	in an intelligence database established under Chapter 67 [61], Code
	of Criminal Procedure; and
	(2)  has three or more times been convicted of, or
	received a grant of deferred adjudication community supervision or
	another functionally equivalent form of community supervision or
	probation for, a felony offense under the laws of this state,
	another state, or the United States.
	SECTION 4.13.  Section 509.004(b), Government Code, is
	amended to read as follows:
	(b)  The division shall develop an automated tracking system
	that:
	(1)  is capable of receiving tracking data from
	community supervision and corrections departments' caseload
	management and accounting systems;
	(2)  is capable of tracking the defendant and the
	sentencing event at which the defendant was placed on community
	supervision by name, arrest charge code, and incident number;
	(3)  provides the division with the statistical data it
	needs to support budget requests and satisfy requests for
	information; and
	(4)  is compatible with the requirements of Chapter 66
	[60], Code of Criminal Procedure, and the information systems used
	by the institutional division and the pardons and paroles division
	of the Texas Department of Criminal Justice.
	SECTION 4.14.  Section 244.003(b), Human Resources Code, is
	amended to read as follows:
	(b)  Except as provided by Section 243.051(c), these records
	and all other information concerning a child, including personally
	identifiable information, are not public and are available only
	according to the provisions of Section 58.005, Family Code, Section
	244.051 of this code, and Chapter 67 [61], Code of Criminal
	Procedure.
	SECTION 4.15.  Section 109.001(1), Occupations Code, is
	amended to read as follows:
	(1)  "Administration of criminal justice" and
	"criminal justice agency" have the meanings assigned by Article
	66.001 [60.01], Code of Criminal Procedure.
	SECTION 4.16.  Section 160.101(b), Occupations Code, is
	amended to read as follows:
	(b)  Not later than the 30th day after the date a person
	described by Subsection (a) is convicted of an offense listed in
	that subsection or is placed on deferred adjudication for an
	offense listed in that subsection, the clerk of the court in which
	the person is convicted or placed on deferred adjudication shall
	prepare and forward to the Department of Public Safety the
	information required by Chapter 66 [60], Code of Criminal
	Procedure.
	SECTION 4.17.  Section 521.061(e), Transportation Code, is
	amended to read as follows:
	(e)  In this section, "criminal justice agency" has the
	meaning assigned by Article 66.001 [60.01], Code of Criminal
	Procedure.
	ARTICLE 5.  REPEALER
	SECTION 5.01.  The following provisions of the Code of
	Criminal Procedure are repealed:
	(1)  Article 18.20;
	(2)  Article 18.21;
	(3)  Chapter 60; and
	(4)  Chapter 61.
	ARTICLE 6. GENERAL MATTERS
	SECTION 6.01.  This Act is enacted under Section 43, Article
	III, Texas Constitution. This Act is intended as a codification
	only, and no substantive change in the law is intended by this Act.
	SECTION 6.02.  This Act takes effect April 1, 2019.