| 1 | 1 | | H.B. No. 1728 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the authority of the inspector general of the Texas |
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| 6 | 6 | | Department of Criminal Justice to issue administrative subpoenas |
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| 7 | 7 | | for certain communications records. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 493, Government Code, is amended by |
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| 10 | 10 | | adding Section 493.0191 to read as follows: |
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| 11 | 11 | | Sec. 493.0191. ADMINISTRATIVE SUBPOENAS. (a) The |
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| 12 | 12 | | inspector general may issue an administrative subpoena to a |
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| 13 | 13 | | communications common carrier or an electronic communications |
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| 14 | 14 | | service provider to compel the production of the carrier's or |
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| 15 | 15 | | service provider's business records that: |
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| 16 | 16 | | (1) disclose information about: |
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| 17 | 17 | | (A) the carrier's or service provider's |
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| 18 | 18 | | customers; or |
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| 19 | 19 | | (B) users of the services offered by the carrier |
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| 20 | 20 | | or service provider; and |
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| 21 | 21 | | (2) are material to a criminal investigation of an |
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| 22 | 22 | | escape or a potential escape or a violation of Section 38.11, Penal |
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| 23 | 23 | | Code. |
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| 24 | 24 | | (b) In this section: |
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| 25 | 25 | | (1) "Communications common carrier" means a person |
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| 26 | 26 | | that: |
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| 27 | 27 | | (A) for a fee, provides directly to the public or |
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| 28 | 28 | | to certain members of the public the ability to transmit between or |
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| 29 | 29 | | among points specified by the person who uses that ability, |
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| 30 | 30 | | regardless of the technology used, information of the person's |
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| 31 | 31 | | choosing without change in the form or content of the information |
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| 32 | 32 | | transmitted; or |
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| 33 | 33 | | (B) a provider that bills customers for services |
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| 34 | 34 | | described by Paragraph (A). |
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| 35 | 35 | | (2) "Electronic communications service provider" |
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| 36 | 36 | | means a service provider that provides to users of the service the |
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| 37 | 37 | | ability to send or receive wire or electronic communications, as |
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| 38 | 38 | | those terms are defined by Article 18.20, Code of Criminal |
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| 39 | 39 | | Procedure. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 1728 was passed by the House on April |
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| 44 | 44 | | 24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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| 45 | 45 | | voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 1728 was passed by the Senate on May |
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| 49 | 49 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | APPROVED: _____________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | _____________________ |
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| 55 | 55 | | Governor |
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