Texas House Bill HB1728

Texas 2009 - 81st Regular

• Out of House Committee: 4/17/09
• Voted on by House: 4/27/09
• Out of Senate Committee: 5/14/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/23/09
• Passed: 6/19/09

Caption

Relating to the authority of the inspector general of the Texas Department of Criminal Justice to issue administrative subpoenas for certain communications records.

Impact

This legislation is expected to bolster investigative capabilities within the Texas Department of Criminal Justice by streamlining the process for accessing crucial communications data. Proponents argue that the ability to issue administrative subpoenas will lead to more effective monitoring and oversight of inmates, potentially reducing the incidence of criminal activity linked to escapes or other violations. Additionally, by centralizing the authority to access these records, the bill aims to better coordinate responses to ongoing criminal investigations.

Summary

House Bill 1728 aims to enhance the authority of the inspector general of the Texas Department of Criminal Justice by permitting the issuance of administrative subpoenas for the production of certain communications records. Specifically, the bill allows the inspector general to compel communications common carriers and electronic communications services to provide business records that may reveal information about their customers or users. This access is intended to be utilized for investigations related to inmate operations and the potential for infractions such as escapes or violations of specific criminal statutes.

Contention

While supporters of HB 1728 emphasize its importance for public safety and the effectiveness of law enforcement, there may be concerns regarding privacy and the extent of governmental authority in compelling access to communications records. Critics might argue that the bill could open doors to overreach by the inspector general's office, potentially impacting individual privacy rights. The debate surrounding the balance between necessary oversight and individual liberties is likely to be a focal point in discussions as the bill progresses through the legislative process.