88R1301 JRR-D
By: González of Dallas H.B. No. 1232
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of certain prosecutors and
authorized peace officers of the offices of those prosecutors with
respect to certain laws governing the installation and use of
tracking equipment and access to certain communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18B.001(4), Code of Criminal Procedure,
is amended to read as follows:
(4) "Designated law enforcement office or agency"
means:
(A) the sheriff's department of a county with a
population of 3.3 million or more;
(B) a police department in a municipality with a
population of 200,000 or more; [or]
(C) the office of inspector general of the Texas
Department of Criminal Justice; or
(D) the office of a prosecutor in a county with a
population of more than 2.1 million.
SECTION 2. Article 18B.252(b), Code of Criminal Procedure,
is amended to read as follows:
(b) If the director of the department or the director's
designee approves the policy submitted under Article 18B.251, the
inspector general of the Texas Department of Criminal Justice or
the inspector general's designee, or the sheriff, [or] chief, or
prosecutor of a designated law enforcement office or agency or the
sheriff's, [or] chief's, or prosecutor's designee, as applicable,
shall submit to the director a written list of all peace officers in
the designated law enforcement office or agency who are authorized
to possess, install, operate, or monitor pen registers, ESN
readers, or similar equipment.
SECTION 3. Article 18B.302(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The inspector general of the Texas Department of
Criminal Justice or the sheriff, [or] chief, or prosecutor of a
designated law enforcement office or agency, as applicable, shall
submit to the director of the department a written report of
expenditures made by the designated law enforcement office or
agency to purchase and maintain a pen register, ESN reader, or
similar equipment authorized under this chapter.
SECTION 4. Article 18B.451, Code of Criminal Procedure, is
amended to read as follows:
Art. 18B.451. SUBPOENA AUTHORITY. The director of the
department or the director's designee, the inspector general of the
Texas Department of Criminal Justice or the inspector general's
designee, or the sheriff, [or] chief, or prosecutor of a designated
law enforcement office or agency or the sheriff's, [or] chief's, or
prosecutor's designee may issue an administrative subpoena to a
communication common carrier or a provider of an electronic
communications service to compel the production of any carrier's or
service provider's business records that:
(1) disclose information about:
(A) the carrier's or service provider's
customers; or
(B) users of the services offered by the carrier
or service provider; and
(2) are material to a criminal investigation.
SECTION 5. Article 18B.452, Code of Criminal Procedure, is
amended to read as follows:
Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
than the 30th day after the date on which an administrative subpoena
is issued under Article 18B.451, the inspector general of the Texas
Department of Criminal Justice or the sheriff, [or] chief, or
prosecutor of a designated law enforcement office or agency, as
applicable, shall report to the department the issuance of the
subpoena.
SECTION 6. This Act takes effect September 1, 2023.