| 1 | 1 | | 89R14867 EAS-D |
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| 2 | 2 | | By: Lowe H.B. No. 3417 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the confidentiality of administrative subpoenas for |
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| 10 | 10 | | offenses that involve the Internet-based sexual exploitation of a |
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| 11 | 11 | | minor. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 422.003, Government Code, is amended by |
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| 14 | 14 | | adding Subsection (b-1) and amending Subsection (c) to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | (b-1) If the prosecuting attorney or officer of an ICAC task |
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| 17 | 17 | | force issuing a subpoena under Subsection (b) determines that any |
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| 18 | 18 | | of the following disclosures could significantly impede or |
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| 19 | 19 | | jeopardize the investigation, the subpoena may provide that the |
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| 20 | 20 | | electronic communication service or remote computing service to |
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| 21 | 21 | | which the subpoena is directed may not: |
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| 22 | 22 | | (1) disclose that the subpoena has been issued; |
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| 23 | 23 | | (2) identify or describe any records or other |
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| 24 | 24 | | documentation requested in the subpoena; or |
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| 25 | 25 | | (3) disclose whether records or other documentation |
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| 26 | 26 | | has been provided in response to the subpoena. |
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| 27 | 27 | | (c) A subpoena under Subsection (b) must: |
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| 28 | 28 | | (1) describe any objects or items to be produced; |
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| 29 | 29 | | [and] |
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| 30 | 30 | | (2) prescribe a reasonable return date by which those |
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| 31 | 31 | | objects or items must be assembled and made available; and |
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| 32 | 32 | | (3) if applicable, state the determination of the |
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| 33 | 33 | | prosecuting attorney or officer of an ICAC task force described by |
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| 34 | 34 | | Subsection (b-1). |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to a subpoena issued on or after the effective date of this Act. A |
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| 37 | 37 | | subpoena issued before the effective date of this Act is governed by |
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| 38 | 38 | | the law in effect on the date the subpoena was issued, and the |
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| 39 | 39 | | former law is continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2025. |
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