Texas 2023 - 88th Regular

Texas House Bill HB1232 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1301 JRR-D
2	2	By: González of Dallas H.B. No. 1232
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of certain prosecutors and
8	8	authorized peace officers of the offices of those prosecutors with
9	9	respect to certain laws governing the installation and use of
10	10	tracking equipment and access to certain communications.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 18B.001(4), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(4) "Designated law enforcement office or agency"
15	15	means:
16	16	(A) the sheriff's department of a county with a
17	17	population of 3.3 million or more;
18	18	(B) a police department in a municipality with a
19	19	population of 200,000 or more; [or]
20	20	(C) the office of inspector general of the Texas
21	21	Department of Criminal Justice; or
22	22	(D) the office of a prosecutor in a county with a
23	23	population of more than 2.1 million.
24	24	SECTION 2. Article 18B.252(b), Code of Criminal Procedure,
25	25	is amended to read as follows:
26	26	(b) If the director of the department or the director's
27	27	designee approves the policy submitted under Article 18B.251, the
28	28	inspector general of the Texas Department of Criminal Justice or
29	29	the inspector general's designee, or the sheriff, [or] chief, or
30	30	prosecutor of a designated law enforcement office or agency or the
31	31	sheriff's, [or] chief's, or prosecutor's designee, as applicable,
32	32	shall submit to the director a written list of all peace officers in
33	33	the designated law enforcement office or agency who are authorized
34	34	to possess, install, operate, or monitor pen registers, ESN
35	35	readers, or similar equipment.
36	36	SECTION 3. Article 18B.302(a), Code of Criminal Procedure,
37	37	is amended to read as follows:
38	38	(a) The inspector general of the Texas Department of
39	39	Criminal Justice or the sheriff, [or] chief, or prosecutor of a
40	40	designated law enforcement office or agency, as applicable, shall
41	41	submit to the director of the department a written report of
42	42	expenditures made by the designated law enforcement office or
43	43	agency to purchase and maintain a pen register, ESN reader, or
44	44	similar equipment authorized under this chapter.
45	45	SECTION 4. Article 18B.451, Code of Criminal Procedure, is
46	46	amended to read as follows:
47	47	Art. 18B.451. SUBPOENA AUTHORITY. The director of the
48	48	department or the director's designee, the inspector general of the
49	49	Texas Department of Criminal Justice or the inspector general's
50	50	designee, or the sheriff, [or] chief, or prosecutor of a designated
51	51	law enforcement office or agency or the sheriff's, [or] chief's, or
52	52	prosecutor's designee may issue an administrative subpoena to a
53	53	communication common carrier or a provider of an electronic
54	54	communications service to compel the production of any carrier's or
55	55	service provider's business records that:
56	56	(1) disclose information about:
57	57	(A) the carrier's or service provider's
58	58	customers; or
59	59	(B) users of the services offered by the carrier
60	60	or service provider; and
61	61	(2) are material to a criminal investigation.
62	62	SECTION 5. Article 18B.452, Code of Criminal Procedure, is
63	63	amended to read as follows:
64	64	Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
65	65	than the 30th day after the date on which an administrative subpoena
66	66	is issued under Article 18B.451, the inspector general of the Texas
67	67	Department of Criminal Justice or the sheriff, [or] chief, or
68	68	prosecutor of a designated law enforcement office or agency, as
69	69	applicable, shall report to the department the issuance of the
70	70	subpoena.
71	71	SECTION 6. This Act takes effect September 1, 2023.