78th Texas Legislature, Regular Session, House Bill 2474, Chapter 678 Page: 1 of 19
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CHAPTER 678 H.B. No. 2474
1 AN ACT
2 relating to electronic surveillance.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
4 SECTION 1i. Sections 16.02(a) and (c), Penal Code, are
5 amended to read as follows:
6 (a) In this section, "computer trespasser," "covert entry,"
7 "communication common carrier," "contents," "electronic
8 communication," "electronic, mechanical, or other device,"
9 "immediate life-threatening situation," "intercept,"
10 "investigative or law enforcement officer," "member of a law
11 enforcement unit specially trained to respond to and deal with
12 life-threatening situations," "oral communication," "protected
13 computer," ["lMectr nc- cc.mmu. ion, ] "readily accessible to
14 the general public," and "wire communication" have the meanings
15 given those terms in Article 18.20, Code of Criminal Procedure.
16 (c) It is an affirmative defense to prosecution under
17 Subsection (b) that:
18 (1) an operator of a switchboard or an officer,
19 employee, or agent of a communication common carrier whose
20 facilities are used in the transmission of a wire or electronic
21 communication intercepts a communication or discloses or uses an
22 intercepted communication in the normal course of employment while
23 engaged in an activity that is a necessary incident to the rendition
24 of service or to the protection of the rights or property of theI
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Texas. Legislature. House of Representatives. 78th Texas Legislature, Regular Session, House Bill 2474, Chapter 678, legislative document, 2003-05/2003-06; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth158460/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.