81st Texas Legislature, Senate Bill 2047, Chapter 1237 Page: 2 of 6
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S.B. No. 2047
2 SECTION 3. Subsections (a), (b), and (c), Section 4,
3 Article 18.21, Code of Criminal Procedure, are amended to read as
4 follows:
5 (a) An authorized peace officer may require a provider of
6 electronic communications service to disclose the contents of a
7 wire communication or an electronic communication that has been in
8 electronic storage for not longer than 180 days by obtaining a
9 warrant.
10 (b) An authorized peace officer may require a provider of
11 electronic communications service to disclose the contents of a
12 wire communication or an electronic communication that has been in
13 electronic storage for longer than 180 days:
14 (1) if notice is not being given to the subscriber or
15 customer, by obtaining a warrant;
16 (2) if notice is being given to the subscriber or
17 customer, by obtaining:
18 (A) an administrative subpoena authorized by
19 statute;
20 (B) a grand jury subpoena; or
21 (C) a court order issued under Section 5 of this
22 article; or
23 (3) as otherwise permitted by applicable federal law.
24 (c) (1) An authorized peace officer may require a provider of
25 a remote computing service to disclose the contents of a wire
26 communication or an electronic communication as described in
27 Subdivision (2) of this subsection:2
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Texas. Legislature. Senate. 81st Texas Legislature, Senate Bill 2047, Chapter 1237, legislative document, June 19, 2009; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth149504/m1/2/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.