Texas 2025 - 89th Regular

Texas House Bill HB3439 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	89R1774 JCG-F
2	2	By: Guillen H.B. No. 3439
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and duties of the office of the attorney
10	10	general with respect to certain laws governing the installation and
11	11	use of tracking equipment and access to certain communications.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 18B.001(4), Code of Criminal Procedure,
14	14	is amended to read as follows:
15	15	(4) "Designated law enforcement office or agency"
16	16	means:
17	17	(A) the sheriff's department of a county with a
18	18	population of 3.3 million or more;
19	19	(B) a police department in a municipality with a
20	20	population of 200,000 or more;
21	21	(C) the office of inspector general of the Texas
22	22	Department of Criminal Justice; [or]
23	23	(D) the office of inspector general of the Texas
24	24	Juvenile Justice Department; or
25	25	(E) a division or section of the office of the
26	26	attorney general that conducts criminal investigations.
27	27	SECTION 2. Article 18B.252(b), Code of Criminal Procedure,
28	28	is amended to read as follows:
29	29	(b) If the director of the department or the director's
30	30	designee approves the policy submitted under Article 18B.251, the
31	31	inspector general of the Texas Department of Criminal Justice or
32	32	the inspector general's designee, the inspector general of the
33	33	Texas Juvenile Justice Department or the inspector general's
34	34	designee, the attorney general or the attorney general's designee,
35	35	or the sheriff or chief of a designated law enforcement agency or
36	36	the sheriff's or chief's designee, as applicable, shall submit to
37	37	the director a written list of all peace officers in the designated
38	38	law enforcement office or agency who are authorized to possess,
39	39	install, operate, or monitor pen registers, ESN readers, or similar
40	40	equipment.
41	41	SECTION 3. Article 18B.302(a), Code of Criminal Procedure,
42	42	is amended to read as follows:
43	43	(a) The inspector general of the Texas Department of
44	44	Criminal Justice, the inspector general of the Texas Juvenile
45	45	Justice Department or the inspector general's designee, the
46	46	attorney general, or the sheriff or chief of a designated law
47	47	enforcement agency, as applicable, shall submit to the director of
48	48	the department a written report of expenditures made by the
49	49	designated law enforcement office or agency to purchase and
50	50	maintain a pen register, ESN reader, or similar equipment
51	51	authorized under this chapter.
52	52	SECTION 4. Article 18B.451, Code of Criminal Procedure, is
53	53	amended to read as follows:
54	54	Art. 18B.451. SUBPOENA AUTHORITY. The director of the
55	55	department or the director's designee, the inspector general of the
56	56	Texas Department of Criminal Justice or the inspector general's
57	57	designee, the inspector general of the Texas Juvenile Justice
58	58	Department or the inspector general's designee, the attorney
59	59	general or the attorney general's designee, or the sheriff or chief
60	60	of a designated law enforcement agency or the sheriff's or chief's
61	61	designee may issue an administrative subpoena to a communication
62	62	common carrier or a provider of an electronic communications
63	63	service to compel the production of any carrier's or service
64	64	provider's business records that:
65	65	(1) disclose information about:
66	66	(A) the carrier's or service provider's
67	67	customers; or
68	68	(B) users of the services offered by the carrier
69	69	or service provider; and
70	70	(2) are material to a criminal investigation.
71	71	SECTION 5. Article 18B.452, Code of Criminal Procedure, is
72	72	amended to read as follows:
73	73	Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
74	74	than the 30th day after the date on which an administrative subpoena
75	75	is issued under Article 18B.451, the inspector general of the Texas
76	76	Department of Criminal Justice, the inspector general of the Texas
77	77	Juvenile Justice Department or the inspector general's designee,
78	78	the attorney general, or the sheriff or chief of a designated law
79	79	enforcement agency, as applicable, shall report to the department
80	80	the issuance of the subpoena.
81	81	SECTION 6. This Act takes effect September 1, 2025.