Sec. 16.03. UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE. (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.
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