81R6294 HLT-F
By: Madden H.B. No. 1728
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the inspector general of the Texas
Department of Criminal Justice to issue administrative subpoenas
for certain communication records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.0191 to read as follows:
Sec. 493.0191. ADMINISTRATIVE SUBPOENAS. (a) The
inspector general may issue an administrative subpoena to a
communications common carrier or an electronic communications
service to compel the production of the carrier's or service's
business records that:
(1) disclose information about:
(A) the carrier's or service's customers; or
(B) users of the services offered by the carrier
or service; and
(2) are material to a criminal investigation of a
potential escape, violation of Section 38.11, Penal Code, or other
offense involving inmates or the operations of the department.
(b) In this section:
(1) "Communications common carrier" means a person
that provides commercial telephone services or a provider that
bills customers for those services, regardless of the technology
used to provide the service.
(2) "Electronic communications service" means a
service that provides to users of the service the ability to send or
receive wire or electronic communications.
SECTION 2. This Act takes effect September 1, 2009.