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  84R1142 GCB-F
 
  By: Estes, Ellis S.B. No. 942
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to warrants or orders issued to obtain certain information
  through installation or use of global positioning system wireless
  device trackers, international mobile subscriber identity
  locators, or other devices or equipment, and to public access to law
  enforcement or prosecutor requests for certain related location or
  communication information; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.02(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A search warrant may be issued to search for and seize:
               (1)  property acquired by theft or in any other manner
  which makes its acquisition a penal offense;
               (2)  property specially designed, made, or adapted for
  or commonly used in the commission of an offense;
               (3)  arms and munitions kept or prepared for the
  purposes of insurrection or riot;
               (4)  weapons prohibited by the Penal Code;
               (5)  gambling devices or equipment, altered gambling
  equipment, or gambling paraphernalia;
               (6)  obscene materials kept or prepared for commercial
  distribution or exhibition, subject to the additional rules set
  forth by law;
               (7)  a drug, controlled substance, immediate
  precursor, chemical precursor, or other controlled substance
  property, including an apparatus or paraphernalia kept, prepared,
  or manufactured in violation of the laws of this state;
               (8)  any property the possession of which is prohibited
  by law;
               (9)  implements or instruments used in the commission
  of a crime;
               (10)  property or items, except the personal writings
  by the accused, constituting evidence of an offense or constituting
  evidence tending to show that a particular person committed an
  offense;
               (11)  persons;
               (12)  contraband subject to forfeiture under Chapter 59
  of this code; [or]
               (13)  electronic customer data held in electronic
  storage, including the contents of and records and other
  information related to a wire communication or electronic
  communication held in electronic storage; or
               (14)  location information as defined by Article 18.21.
         SECTION 2.  Section 1(14), Article 18.20, Code of Criminal
  Procedure, is amended to read as follows:
               (14)  "Global positioning system wireless device
  tracker," "international mobile subscriber identity locator," "pen 
  ["Pen] register," "ESN reader," "trap and trace device," and
  "mobile tracking device" have the meanings assigned by Article
  18.21.
         SECTION 3.  Section 9(c), Article 18.20, Code of Criminal
  Procedure, is amended to read as follows:
         (c)  On request of the applicant for an order authorizing the
  interception of a wire, oral, or electronic communication, the
  judge may issue a separate order directing that a provider of a wire
  or electronic communications service or remote computing service, a
  communication common carrier, landlord, custodian, or other person
  furnish the applicant all information, facilities, and technical
  assistance necessary to accomplish the interception unobtrusively
  and with a minimum of interference with the services that the
  provider, carrier, landlord, custodian, or other person is
  providing the person whose communications are to be intercepted.
  Any provider of a wire or electronic communications service or
  remote computing service, communication common carrier, landlord,
  custodian, or other person furnishing facilities or technical
  assistance is entitled to compensation by the applicant for
  reasonable expenses incurred in providing the facilities or
  assistance at the prevailing rates. The interception order may
  include an order to:
               (1)  install or use a global positioning system
  wireless device tracker, international mobile subscriber identity
  locator, pen register, ESN reader, trap and trace device, or mobile
  tracking device, or a similar device or 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 Article 18.21[, Code of Criminal Procedure].
         SECTION 4.  The heading to Article 18.21, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 18.21.  GLOBAL POSITIONING SYSTEM WIRELESS DEVICE
  TRACKERS, INTERNATIONAL MOBILE SUBSCRIBER IDENTITY LOCATORS, PEN
  REGISTERS, ESN READERS, AND TRAP AND TRACE DEVICES; ACCESS TO
  STORED COMMUNICATIONS; MOBILE TRACKING DEVICES
         SECTION 5.  Section 1, Article 18.21, Code of Criminal
  Procedure, is amended by amending Subdivisions (4) and (5) and
  adding Subdivisions (4-a), (4-b), and (4-c) to read as follows:
               (4) "ESN reader" means a device that records the
  electronic serial number from the data track of a [wireless
  telephone,] cellular telephone[,] or other wireless communications 
  [similar communication] device that transmits its operational
  status to a base site, if the device does not intercept the contents
  of a communication.
               (4-a)  "Global positioning system wireless device
  tracker" means any device, program, or application that uses a
  satellite-based navigation system to obtain location information
  from a cellular telephone or other wireless communications device.
               (4-b)  "International mobile subscriber identity
  locator" means a device that:
                     (A)  connects to a cellular telephone or other
  wireless communications device in the same manner as a cellular
  telephone tower connects to a cellular telephone or other wireless
  communications device; and
                     (B)  obtains or reveals location information
  about or the identity of a subscriber or customer of a communication
  common carrier, an electronic communications service, or a remote
  computing service from the cellular telephone or other wireless
  communications device.
               (4-c)  "Location information" means any information
  that concerns the location of a cellular telephone or other
  wireless communications device and is wholly or partly generated by
  or derived from the operation of the telephone or device. The term
  includes information regarding the current or past location of the
  cellular telephone or other wireless communications device.
               (5)  "Mobile tracking device" means an electronic or
  mechanical device that permits tracking the movement of a person,
  vehicle, container, item, or object. The term does not include a
  global positioning system wireless device tracker.
         SECTION 6.  Section 2, Article 18.21, Code of Criminal
  Procedure, is amended by amending Subsections (a), (b), (c), (d),
  (e), (f), (g), (i), (k), and (m) and adding Subsections (a-1) and
  (g-1) to read as follows:
         (a)  A prosecutor with jurisdiction in a county within a
  judicial district described by Subsection (a-1) [this subsection]
  may file [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] with a district judge in the judicial district an
  application for the installation or use of:
               (1)  a global positioning system wireless device
  tracker;
               (2)  an international mobile subscriber identity
  locator;
               (3)  a pen register;
               (4)  an ESN reader;
               (5)  a trap and trace device; or 
               (6)  a similar device or equipment.
         (a-1)  The judicial district in which an application may be
  filed under Subsection (a) must be a district in which is located:
               (1)  the site of the proposed installation or use of the
  device or equipment described by Subsection (a);
               (2)  the site of the cellular telephone, wireless
  communications device, or other communication device on which the
  device or equipment described by Subsection (a) is proposed to be
  installed or used;
               (3)  the billing, residential, or business address of
  the subscriber or customer of [to] the electronic communications
  service, remote computing service, or communication common carrier
  on which the device or equipment described by Subsection (a) is
  proposed to be installed or used;
               (4)  the headquarters of:
                     (A)  the office of the prosecutor filing an
  application under this section; or
                     (B)  a law enforcement agency that requests the
  prosecutor to file an application under this section or that
  proposes to execute an order authorizing installation or [and] use
  of the device or equipment described by Subsection (a); or
               (5)  the headquarters of a carrier or service provider
  ordered to install the device or equipment described by Subsection
  (a).
         (b)(1)  A prosecutor may file an application under this
  section or under federal law on the prosecutor's own motion or on
  the request of an authorized peace officer, regardless of whether
  the officer is commissioned by the department.
               (2)  A prosecutor who files an application on the
  prosecutor's own motion or who files an application for the
  installation or [and] use of a global positioning system wireless
  device tracker, international mobile subscriber identity locator,
  pen register, ESN reader, or a similar device or 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, must make the
  application personally and may not do so through an assistant or
  some other person acting on the prosecutor's behalf.
               (3)  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:
                     (A) [(1)]  a global positioning system wireless
  device tracker, international mobile subscriber identity locator,
  pen register, ESN reader, or a similar device or equipment on the
  request of:
                           (i) [(A)]  an authorized peace officer who
  is commissioned by the department; or
                           (ii) [(B)]  an authorized peace officer of a
  designated law enforcement office or agency; or
                     (B) [(2)]  a trap and trace device or a similar
  device or equipment on the request of an authorized peace officer,
  regardless of whether the officer is commissioned by the
  department.
         (c)  The application must:
               (1)  be made in writing under oath;
               (2)  include the name of the subscriber or customer and
  the telephone number and location of the cellular telephone,
  wireless communications device, or other communication device on
  which the [pen register, ESN reader, trap and trace] device[,] or
  [similar] equipment described by Subsection (a) will be installed
  or used, to the extent that information is known or is reasonably
  ascertainable; and
               (3)  state that the installation or [and] use of the
  device or equipment will likely produce information that is
  material to an ongoing criminal investigation.
         (d)  On presentation of the application, the judge may order
  the installation or [and] use of the global positioning system
  wireless device tracker, international mobile subscriber identity
  locator, pen register, ESN reader, or a similar device or equipment
  by an authorized peace officer commissioned by the department or an
  authorized peace officer of a designated law enforcement office or
  agency, and, 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 or remote computing service
  furnish all information, facilities, and technical assistance
  necessary to facilitate the installation or [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. The carrier
  or service provider is entitled to compensation at the prevailing
  rates for the facilities and assistance provided to the department
  or a designated law enforcement office or agency.
         (e)  On presentation of the application, the judge may order
  the installation or [and] use of the trap and trace device or a 
  similar device or equipment by the communication common carrier or
  other person on the appropriate line.  The judge may direct the
  communication common carrier or other person, including any
  landlord or other custodian of equipment, to furnish 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.  Unless otherwise ordered by the court, the results of the
  trap and trace device or a similar device or equipment shall be
  furnished to the applicant, designated by the court, at reasonable
  intervals during regular business hours, for the duration of the
  order.  The carrier is entitled to compensation at the prevailing
  rates for the facilities and assistance provided to the designated
  law enforcement office or agency.
         (f)  Except as otherwise provided by this subsection, an
  order for the installation or [and] use of a device or equipment
  described by Subsection (a) [under this section] is valid for not
  more than 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 from the
  court an extension of the order before the order expires. The
  period of extension may not exceed 60 days for each extension
  granted, except that with the consent of the subscriber or customer
  of the carrier or service provider on which the device or equipment
  is used, the court may extend an order for a period not to exceed one
  year.
         (g)  At the request of the prosecutor or a peace officer, the
  [The] district court may [shall] seal the [an] application and
  order as provided by [granted under] this subsection.  The
  application and order may be sealed for an initial period not to
  exceed 180 days.  For good cause shown, the court may grant one or
  more additional one-year periods.  With respect to any application
  that is or becomes subject to disclosure, on a judicial
  determination that the disclosure of identifying information for a
  person who is a victim, witness, peace officer, or informant would
  cause an adverse result as defined by Section 8(b), the court shall
  redact the identifying information from the application and from
  the record of the application retained and submitted as described
  by Subsection (g-1).  On a showing of clear and convincing evidence
  that disclosure of identifying personal information would cause an
  adverse result, the court may permanently seal the application 
  [article].
         (g-1)  The court shall retain a record of any application
  made or order granted under this section and submit the record to
  the department in accordance with Section 18.
         (i)  A peace officer of a designated law enforcement office
  or agency is authorized to possess, install, operate, or monitor a
  global positioning system wireless device tracker, international
  mobile subscriber identity locator, pen register, ESN reader, or a 
  similar device or equipment if the officer's name is on the list
  submitted to the director of the department under Subsection (k).
         (k)  If the director of the department or the director's
  designee approves the policy submitted under Subsection (j), 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 officers in the designated law enforcement office or
  agency who are authorized to possess, install, monitor, or operate
  global positioning system wireless device trackers, international
  mobile subscriber identity locators, pen registers, ESN readers, or
  similar devices or equipment.
         (m)  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 for the purchase and
  maintenance of a global positioning system wireless device tracker,
  international mobile subscriber identity locator, pen register,
  ESN reader, or a similar device or equipment, authorized under this
  article. The director of the department shall report those
  expenditures publicly on an annual basis via the department's
  website, or other comparable means.
         SECTION 7.  Section 3, Article 18.21, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 3.  EMERGENCY INSTALLATION OR [AND] USE OF GLOBAL
  POSITIONING SYSTEM WIRELESS DEVICE TRACKER, INTERNATIONAL MOBILE
  SUBSCRIBER IDENTITY LOCATOR, PEN REGISTER, OR TRAP AND TRACE
  DEVICE.  (a) A peace officer authorized to possess, install,
  operate, or monitor a device under Section 8A, Article 18.20, may
  install and use a global positioning system wireless device
  tracker, international mobile subscriber identity locator, pen
  register, [or] trap and trace device, or a similar device or
  equipment 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 the installation or use of a global
  positioning system wireless device tracker, international mobile
  subscriber identity locator, pen register, or trap and trace device
  before an order authorizing the installation or [and] use can, with
  due diligence, be obtained under this article; and
               (2)  reasonably believes there are sufficient grounds
  under this article on which to obtain an order authorizing the
  installation and use of the device or equipment described by this
  subsection [a pen register or trap and trace device].
         (b)  If an officer installs or uses a global positioning
  system wireless device tracker, international mobile subscriber
  identity locator, pen register, or trap and trace device under
  Subsection (a), the officer shall:
               (1)  promptly report the installation or use to the
  prosecutor in the county in which the device or equipment is
  installed or used; and
               (2)  within 48 hours after the installation is complete
  or the use of the device or equipment begins, whichever occurs
  first, obtain an order under Section 2 authorizing the installation
  or [and] use.
         (c)  A judge may issue an order authorizing the installation
  or [and] use of a device or equipment under this section during the
  48-hour period prescribed by Subsection (b)(2). If an order is
  denied or is not issued within the 48-hour period, on the earlier of
  the denial or the expiration of the 48-hour period, the officer
  shall immediately terminate use of the device or equipment
  described by Subsection (a) and remove the [pen register or the trap
  and trace] device or equipment [promptly on the earlier of the
  denial or the expiration of 48 hours].
         (d)  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 or equipment installed or used 
  under this section if an authorized peace officer does not apply for
  or applies for but does not obtain authorization for the
  installation or use of the [pen register or trap and trace] device
  or equipment.
         SECTION 8.  Article 18.21, Code of Criminal Procedure, is
  amended by adding Section 14A to read as follows:
         Sec. 14A.  WARRANT FOR LOCATION INFORMATION FROM CELLULAR
  TELEPHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE. (a) A district
  judge may issue a warrant for location information that is obtained
  from a cellular telephone or other wireless communications device
  by using a global positioning system wireless device tracker or an
  international mobile subscriber identity locator.
         (b)  A warrant under this section may be issued in the same
  judicial district as, or in a judicial district that is contiguous
  to 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 location information
  obtained from the cellular telephone or wireless communications
  device.
         (c)  The warrant may authorize the acquisition of location
  information obtained from a cellular telephone or wireless
  communications device that, at the time the location information is
  acquired, is located outside the judicial district but within the
  state if the applicant for the warrant reasonably believes the
  telephone or device to be located within the district at the time
  the warrant is issued.
         (d)  A warrant issued under this section for location
  information does not authorize the use of a global positioning
  system wireless device tracker or an international mobile
  subscriber identity locator unless the warrant specifically states
  that device or equipment may be used.
         (e)  A district judge may issue the warrant only on the
  application of a peace officer. An application must be written and
  signed and sworn to or affirmed before the judge.  The affidavit
  must:
               (1)  state the name, department, agency, and address of
  the applicant;
               (2)  identify the cellular telephone or wireless
  communications device to be monitored;
               (3)  state the name of the owner or possessor of the
  telephone or device to be monitored;
               (4)  state the judicial district in which the telephone
  or device is reasonably expected to be located;
               (5)  state the facts and circumstances that provide the
  applicant with probable cause to believe that:
                     (A)  criminal activity has been, is, or will be
  committed; and
                     (B)  acquisition of location information from the
  telephone or device is likely to produce evidence in a criminal
  investigation of the criminal activity described in Paragraph (A);
  and
               (6)  if applicable, request authorization to use a
  global positioning system wireless device tracker or an
  international mobile subscriber identity locator to obtain
  location information and state the reason the use of that device or
  equipment is necessary.
         (f)  A warrant issued under this section that requires action
  by a communication common carrier, an electronic communications
  service, or a remote computing service must be executed within the
  period provided by Article 18.07 by properly serving the warrant on
  the carrier or service provider.
         (g)  A warrant issued under this section expires not later
  than the 90th day after the date the warrant is issued, and location
  information may not be obtained after the expiration date without
  an extension of the warrant.  For good cause shown, the judge may
  grant an extension for an additional 90-day period.
         (h)  At the request of a peace officer, the district court
  may seal the application and warrant as provided by this
  subsection. The application and warrant may be sealed for an
  initial period not to exceed 180 days. For good cause shown, the
  court may grant one or more additional one-year periods.
         (i)   With respect to any application that is or becomes
  subject to disclosure, on a judicial determination that the
  disclosure of identifying information for a person who is a victim,
  witness, peace officer, or informant would cause an adverse result
  as defined by Section 8(b), the court shall redact the identifying
  information from the application and from the record of the
  application retained and submitted as described by Subsection (j).
  On a showing of clear and convincing evidence that disclosure of
  identifying personal information would cause an adverse result, the
  court may permanently seal the application.
         (j)  The court shall retain a record of any application made
  or warrant issued under this section and submit the record to the
  department in accordance with Section 18.
         (k)  Notwithstanding any other law, location information may
  be obtained from a cellular telephone or wireless communications
  device without a warrant by:
               (1)  a private entity or a peace officer if the
  telephone or device is reported stolen by the owner; or
               (2)  a peace officer if:
                     (A)  there exists an immediate life-threatening
  situation, as defined by Section 1(22), Article 18.20; or
                     (B)  the officer reasonably believes 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.
         (l)  A peace officer may apply for, and a district court may
  issue, an order authorizing the officer to obtain location
  information from a cellular telephone or wireless communications
  device on the officer's showing that there are reasonable grounds
  to believe that 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.
         (m)  Regardless of whether an order has been issued with
  respect to the matter under Subsection (l), a peace officer must
  apply for a warrant to obtain location information from a cellular
  telephone or wireless communications device under Subsection
  (k)(2) as soon as practicable. If the district judge finds that the
  applicable situation under Subsection (k)(2) did not occur and
  declines to issue the warrant, any evidence obtained is not
  admissible in a criminal action.
         SECTION 9.  Section 15(a), Article 18.21, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  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 [communications] common carrier or a provider of an
  electronic communications service or remote computing service to
  compel the production of the carrier's or service provider's 
  [service's] business records that:
               (1)  disclose information, excluding any location
  information, about:
                     (A)  the carrier's or service provider's
  subscribers or [service's] customers; or
                     (B)  other users of the services offered by the
  carrier or service provider; and
               (2)  are material to a criminal investigation.
         SECTION 10.  Article 18.21, Code of Criminal Procedure, is
  amended by adding Sections 15A, 17, and 18 to read as follows:
         Sec. 15A.  COMPELLING PRODUCTION OF BUSINESS RECORDS
  DISCLOSING LOCATION INFORMATION.  On application by 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 law enforcement agency or the
  sheriff's or chief's designee, the district court may issue a
  warrant under Article 18.02 to a communication common carrier or a
  provider of an electronic communications service or remote
  computing service to compel the production of the carrier's or
  service provider's business records that disclose location
  information about the carrier's or service provider's subscribers
  or customers or other users of the services offered by the carrier
  or service provider, if there is probable cause to believe the
  records disclosing location information will provide evidence in a
  criminal investigation.
         Sec. 17.  CONTROL OF INTERNATIONAL MOBILE SUBSCRIBER
  IDENTITY LOCATOR. (a) Except as otherwise provided by this
  section, only the department or a county or municipal law
  enforcement agency is authorized to own, possess, install, operate,
  or monitor an international mobile subscriber identity locator.
         (b)  An investigative or law enforcement officer or other
  person may assist the department or a county or municipal law
  enforcement agency in the operation or monitoring of an
  international mobile subscriber identity locator, provided that
  the officer or other person:
               (1)  is designated for that purpose by the director or
  the head of the county or municipal law enforcement agency, as
  applicable; and
               (2)  acts in the presence and under the direction of a
  commissioned officer of the department or the county or municipal
  law enforcement agency.
         (c)  The director and the head of a county or municipal law
  enforcement agency shall designate in writing the commissioned
  officers who are responsible for the possession, installation,
  operation, or monitoring of an international mobile subscriber
  identity locator for the department or law enforcement agency.
         Sec. 18.  ANNUAL REPORT OF WARRANTS AND ORDERS. (a)  Not
  later than the 60th day after the date of expiration of a warrant or
  order issued under this article or an order extending the period of
  a warrant or order issued under this article, or not later than the
  60th day after the date the court denies an application for a
  warrant or order under this article, the court shall submit to the
  department the following information, as applicable:
               (1)  the receipt of an application for a warrant or
  order under this article;
               (2)  the type of warrant or order for which the
  application was made;
               (3)  whether any application for an order of extension
  was granted, granted as modified by the court, or denied;
               (4)  whether the warrant authorized the use of a global
  positioning system wireless device tracker or an international
  mobile subscriber identity locator;
               (5)  the period of monitoring authorized by the warrant
  or order and the number and duration of any extensions of the
  warrant or order;
               (6)  the offense under investigation, as specified in
  the application for the warrant or order or an extension of the
  warrant or order; and
               (7)  the law enforcement office or agency or the
  prosecutor that submitted an application for the warrant or order
  or an extension of the warrant or order.
         (b)  Not later than March 15 of each year, each prosecutor
  that submits an application for a warrant or order or an extension
  of a warrant or order under this article shall submit to the
  department the following information for the preceding calendar
  year:
               (1)  the information required to be submitted by a
  court under Subsection (a) with respect to each application
  submitted by the prosecutor for the warrant or order or an extension
  of the warrant or order;
               (2)  a general description of information collected
  under each warrant or order that was issued by the court, including
  the approximate number of individuals for whom location information
  was intercepted and the approximate duration of the monitoring of
  the location information of those individuals;
               (3)  the number of arrests made as a result of
  information obtained under a warrant or order issued under this
  article;
               (4)  the number of criminal trials commenced as a
  result of information obtained under a warrant or order issued
  under this article; and
               (5)  the number of convictions obtained as a result of
  information obtained under a warrant or order issued under this
  article.
         (c)  Information submitted to the department under this
  section is public information and subject to disclosure under
  Chapter 552, Government Code.
         (d)  Not later than June 1 of each year, the public safety
  director of the department shall submit a report to the governor,
  the lieutenant governor, the speaker of the house of
  representatives, and the chairs of the standing committees of the
  senate and house of representatives with primary jurisdiction over
  criminal justice.  The report must contain the following
  information for the preceding calendar year:
               (1)  an assessment of the extent of the tracking or
  monitoring performed by law enforcement offices and agencies by
  means of the installation or use of a global positioning system
  wireless device tracker, international mobile subscriber identity
  locator, pen register, ESN reader, trap and trace device, or a
  similar device or equipment;
               (2)  a comparison of the ratio of the number of
  applications for warrants or orders made under this article to the
  number of arrests and convictions resulting from information
  obtained under a warrant or order issued under this article; and
               (3)  identification of the types of offenses
  investigated under a warrant or order issued under this article.
         SECTION 11.  Section 54.978(e), Government Code, is amended
  to read as follows:
         (e)  In this subsection, "global positioning system wireless
  device tracker," "international mobile subscriber identity
  locator," "pen register," "ESN reader," "trap and trace device,"
  and "mobile tracking device" have the meanings assigned by Section
  18.21, Code of Criminal Procedure.  A magistrate may:
               (1)  notwithstanding Section 2(a), Article 18.21, Code
  of Criminal Procedure, issue an order under Section 2, Article
  18.21, Code of Criminal Procedure, for the installation and use of:
                     (A)  a global positioning system wireless device
  tracker;
                     (B)  an international mobile subscriber identity
  locator;
                     (C)  a pen register;
                     (D) [(B)]  an ESN reader;
                     (E) [(C)]  a trap and trace device; or
                     (F)  a similar 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 18.21, Code of Criminal
  Procedure; and
               (3)  notwithstanding Section 14(a), Article 18.21,
  Code of Criminal Procedure, issue an order for the installation and
  use of a mobile tracking device under Section 14, Article 18.21,
  Code of Criminal Procedure.
         SECTION 12.  The heading to Section 16.03, Penal Code, is
  amended to read as follows:
         Sec. 16.03.  UNLAWFUL USE OF INTERNATIONAL MOBILE SUBSCRIBER
  IDENTITY LOCATOR, PEN REGISTER, OR TRAP AND TRACE DEVICE.
         SECTION 13.  Sections 16.03(a), (b), and (c), Penal Code,
  are amended to read as follows:
         (a)  A person commits an offense if the person knowingly
  installs or uses:
               (1)  an international mobile subscriber identity
  locator to obtain location information from a cellular telephone or
  other wireless communications device; or
               (2)  a pen register or trap and trace device to record
  or decode electronic or other impulses for the purpose of
  identifying telephone numbers dialed or otherwise transmitted on a
  telephone line.
         (b)  In this section, "authorized peace officer,"
  "communications common carrier," "international mobile subscriber
  identity locator," "location information," "pen register," and
  "trap and trace device" have the meanings assigned by Article
  18.21, 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 communications
  common carrier or of the provider of an electronic communications
  service or remote computing service and the actor installs or uses a
  device or equipment to obtain information from a cellular telephone
  or other wireless communications device or to record a number
  dialed from or to a telephone [instrument] in the normal course of
  business of the carrier or service provider for purposes of:
                     (A)  protecting property or services provided by
  the carrier or service provider; or
                     (B)  assisting another who the actor reasonably
  believes to be a peace officer authorized to install or use an
  international mobile subscriber identity locator, a pen register,
  or a trap and trace device under 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 an
  international mobile subscriber identity locator, a pen register,
  or a trap and trace device under Article 18.21, Code of Criminal
  Procedure.
         SECTION 14.  (a)  The change in law made by this Act applies
  only to a warrant issued on or after the effective date of this Act.
  A warrant issued before the effective date of this Act is governed
  by the law in effect on the date the warrant was issued, and the
  former law is continued in effect for that purpose.
         (b)  A prosecutor is not required to file the initial annual
  report required by Section 18(b), Article 18.21, Code of Criminal
  Procedure, as added by this Act, before March 15, 2017.  The initial
  annual report must cover the 2016 calendar year.
         SECTION 15.  This Act takes effect September 1, 2015.