Texas 2023 - 88th Regular

Texas Senate Bill SB753 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5689 JRR-F
2	2	By: Flores S.B. No. 753
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the office of the attorney
8	8	general with respect to certain laws governing the installation and
9	9	use of tracking equipment and access to certain communications.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 18B.001(4), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(4) "Designated law enforcement office or agency"
14	14	means:
15	15	(A) the sheriff's department of a county with a
16	16	population of 3.3 million or more;
17	17	(B) a police department in a municipality with a
18	18	population of 200,000 or more; [or]
19	19	(C) the office of inspector general of the Texas
20	20	Department of Criminal Justice; or
21	21	(D) a division or section of the office of the
22	22	attorney general that conducts criminal investigations.
23	23	SECTION 2. Article 18B.252(b), Code of Criminal Procedure,
24	24	is amended to read as follows:
25	25	(b) If the director of the department or the director's
26	26	designee approves the policy submitted under Article 18B.251, the
27	27	inspector general of the Texas Department of Criminal Justice or
28	28	the inspector general's designee, the attorney general or the
29	29	attorney general's designee, or the sheriff or chief of a
30	30	designated law enforcement agency or the sheriff's or chief's
31	31	designee, as applicable, shall submit to the director a written
32	32	list of all peace officers in the designated law enforcement office
33	33	or agency who are authorized to possess, install, operate, or
34	34	monitor pen registers, ESN readers, or similar equipment.
35	35	SECTION 3. Article 18B.302(a), Code of Criminal Procedure,
36	36	is amended to read as follows:
37	37	(a) The inspector general of the Texas Department of
38	38	Criminal Justice, the attorney general, or the sheriff or chief of a
39	39	designated law enforcement agency, as applicable, shall submit to
40	40	the director of the department a written report of expenditures
41	41	made by the designated law enforcement office or agency to purchase
42	42	and maintain a pen register, ESN reader, or similar equipment
43	43	authorized under this chapter.
44	44	SECTION 4. Article 18B.451, Code of Criminal Procedure, is
45	45	amended to read as follows:
46	46	Art. 18B.451. SUBPOENA AUTHORITY. The director of the
47	47	department or the director's designee, the inspector general of the
48	48	Texas Department of Criminal Justice or the inspector general's
49	49	designee, the attorney general or the attorney general's designee,
50	50	or the sheriff or chief of a designated law enforcement agency or
51	51	the sheriff's or chief's designee may issue an administrative
52	52	subpoena to a communication common carrier or a provider of an
53	53	electronic communications service to compel the production of any
54	54	carrier's or service provider's business records that:
55	55	(1) disclose information about:
56	56	(A) the carrier's or service provider's
57	57	customers; or
58	58	(B) users of the services offered by the carrier
59	59	or service provider; and
60	60	(2) are material to a criminal investigation.
61	61	SECTION 5. Article 18B.452, Code of Criminal Procedure, is
62	62	amended to read as follows:
63	63	Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
64	64	than the 30th day after the date on which an administrative subpoena
65	65	is issued under Article 18B.451, the inspector general of the Texas
66	66	Department of Criminal Justice, the attorney general, or the
67	67	sheriff or chief of a designated law enforcement agency, as
68	68	applicable, shall report to the department the issuance of the
69	69	subpoena.
70	70	SECTION 6. This Act takes effect September 1, 2023.