89R9081 EAS-D
By: Metcalf, Curry H.B. No. 3185
A BILL TO BE ENTITLED
AN ACT
relating to investigations of certain cybercrimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 426 to read as follows:
CHAPTER 426. CYBERCRIMES
Sec. 426.001. DEFINITION. In this chapter, "cybercrime"
means an offense:
(1) under Chapter 31, 32, 33, 33A, 34, 35, 42, 71, 72,
or 76, Penal Code; and
(2) that is committed using an Internet website or an
electronic service account provided through an electronic
communication service or remote computing service.
Sec. 426.002. ADMINISTRATIVE SUBPOENA. (a) A prosecuting
attorney may issue and cause to be served an administrative
subpoena that requires the production of records or other
documentation as described by Subsection (c) if:
(1) the subpoena relates to an investigation of a
cybercrime; and
(2) there is reasonable cause to believe that the
Internet or electronic service account provided through an
electronic communication service or remote computing service has
been used in the commission of a cybercrime.
(b) A subpoena under Subsection (a) must:
(1) describe any objects or items to be produced; and
(2) prescribe a reasonable return date by which those
objects or items must be assembled and made available.
(c) Except as provided by Subsection (d), a subpoena issued
under Subsection (a) may require the production of any records or
other documentation relevant to the investigation, including:
(1) a name;
(2) an address;
(3) a local or long distance telephone connection
record, satellite-based Internet service provider connection
record, or record of session time and duration;
(4) the duration of the applicable service, including
the start date for the service and the type of service used;
(5) a telephone or instrument number or other number
used to identify a subscriber, including a temporarily assigned
network address; and
(6) the source of payment for the service, including a
credit card or bank account number.
(d) A provider of an electronic communication service or
remote computing service may not disclose the following information
in response to a subpoena issued under Subsection (a):
(1) an in-transit electronic communication;
(2) an account membership related to an Internet
group, newsgroup, mailing list, or specific area of interest;
(3) an account password; or
(4) any account content, including:
(A) any form of electronic mail;
(B) an address book, contact list, or buddy list;
or
(C) Internet proxy content or Internet history.
(e) A provider of an electronic communication service or
remote computing service shall disclose the information described
by Subsection (d) if that disclosure is required by court order.
(f) A person authorized to serve process under the Texas
Rules of Civil Procedure may serve a subpoena issued under
Subsection (a). The person shall serve the subpoena in accordance
with the Texas Rules of Civil Procedure.
(g) Before the return date specified on a subpoena issued
under Subsection (a), the person receiving the subpoena may, in an
appropriate court located in the county where the subpoena was
issued, petition for an order to modify or quash the subpoena or to
prohibit disclosure of applicable information by a court.
(h) If a criminal case or proceeding does not result from
the production of records or other documentation under this section
within a reasonable period, the prosecuting attorney shall, as
appropriate:
(1) destroy the records or documentation; or
(2) return the records or documentation to the person
who produced the records or documentation.
Sec. 426.003. CONFIDENTIALITY OF INFORMATION. Any
information, records, or data reported or obtained under a subpoena
issued under Section 426.002(a):
(1) is confidential; and
(2) may not be disclosed to any other person unless the
disclosure is made as part of a criminal case related to those
materials.
SECTION 2. This Act takes effect September 1, 2025.