Tex. Penal Code § 16.03 · Chapter 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person commits an offense if the person knowingly installs or uses 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:
(1) "Authorized peace officer," "pen register," and "trap and trace device" have the meanings assigned by Article 18B.001, 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 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, 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, Code of Criminal Procedure.
(d) An offense under this section is a state jail felony.
Notes and commentary — not statutory text
History
Added by Acts 1985, 69th Leg., ch. 587, Sec. 6, eff. Aug. 26, 1985. Amended by Acts 1989, 71st Leg., ch. 958, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.02, eff. January 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm
- Text hash
- sha256 c8e2db47fe323d4ad46e63eab48f9ae801f94a22279e36552d6e72d4bb8d834b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18A.001DEFINITIONS.Printed as Article 18A.001, Code of Criminal Procedure
- Tex. Code Crim. Proc. ch. 18BINSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONSPrinted as Chapter 18B, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18B.001DEFINITIONS.Printed as Article 18B.001, Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.