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.