88R5689 JRR-F
By: Flores S.B. No. 753
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the office of the attorney
general 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) a division or section of the office of the
attorney general that conducts criminal investigations.
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, the attorney general or the
attorney general's designee, or the sheriff or chief of a
designated law enforcement agency or the sheriff's or chief'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, the attorney general, or the sheriff or chief of a
designated law enforcement 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, the attorney general or the attorney general's designee,
or the sheriff or chief of a designated law enforcement agency or
the sheriff's or chief'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, the attorney general, or the
sheriff or chief of a designated law enforcement agency, as
applicable, shall report to the department the issuance of the
subpoena.
SECTION 6. This Act takes effect September 1, 2023.