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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of certain prosecutors and |
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authorized peace officers of the offices of those prosecutors with |
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respect to certain laws governing the installation and use of |
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tracking equipment and access to certain communications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18B.001(4), Code of Criminal Procedure, |
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is amended to read as follows: |
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(4) "Designated law enforcement office or agency" |
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means: |
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(A) the sheriff's department of a county with a |
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population of 3.3 million or more; |
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(B) a police department in a municipality with a |
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population of 200,000 or more; [or] |
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(C) the office of inspector general of the Texas |
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Department of Criminal Justice; or |
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(D) the office of a prosecutor in a county with a |
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population of more than 2.1 million. |
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SECTION 2. Article 18B.252(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) If the director of the department or the director's |
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designee approves the policy submitted under Article 18B.251, the |
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inspector general of the Texas Department of Criminal Justice or |
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the inspector general's designee, or the sheriff, [or] chief, or |
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prosecutor of a designated law enforcement office or agency or the |
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sheriff's, [or] chief's, or prosecutor's designee, as applicable, |
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shall submit to the director a written list of all peace officers in |
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the designated law enforcement office or agency who are authorized |
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to possess, install, operate, or monitor pen registers, ESN |
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readers, or similar equipment. |
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SECTION 3. Article 18B.302(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The inspector general of the Texas Department of |
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Criminal Justice or the sheriff, [or] chief, or prosecutor of a |
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designated law enforcement office or agency, as applicable, shall |
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submit to the director of the department a written report of |
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expenditures made by the designated law enforcement office or |
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agency to purchase and maintain a pen register, ESN reader, or |
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similar equipment authorized under this chapter. |
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SECTION 4. Article 18B.451, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18B.451. SUBPOENA AUTHORITY. The director of the |
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department or the director's designee, the inspector general of the |
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Texas Department of Criminal Justice or the inspector general's |
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designee, or the sheriff, [or] chief, or prosecutor of a designated |
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law enforcement office or agency or the sheriff's, [or] chief's, or |
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prosecutor's designee may issue an administrative subpoena to a |
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communication common carrier or a provider of an electronic |
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communications service to compel the production of any carrier's or |
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service provider's business records that: |
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(1) disclose information about: |
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(A) the carrier's or service provider's |
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customers; or |
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(B) users of the services offered by the carrier |
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or service provider; and |
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(2) are material to a criminal investigation. |
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SECTION 5. Article 18B.452, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later |
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than the 30th day after the date on which an administrative subpoena |
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is issued under Article 18B.451, the inspector general of the Texas |
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Department of Criminal Justice or the sheriff, [or] chief, or |
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prosecutor of a designated law enforcement office or agency, as |
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applicable, shall report to the department the issuance of the |
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subpoena. |
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SECTION 6. This Act takes effect September 1, 2023. |