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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 the office of the attorney |
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general with respect to certain laws governing the installation and |
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use of 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) a division or section of the office of the |
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attorney general that conducts criminal investigations. |
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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, the attorney general or the |
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attorney general's designee, or the sheriff or chief of a |
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designated law enforcement agency or the sheriff's or chief's |
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designee, as applicable, shall submit to the director a written |
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list of all peace officers in the designated law enforcement office |
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or agency who are authorized to possess, install, operate, or |
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monitor pen registers, ESN 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, the attorney general, or the sheriff or chief of a |
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designated law enforcement agency, as applicable, shall submit to |
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the director of the department a written report of expenditures |
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made by the designated law enforcement office or agency to purchase |
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and maintain a pen register, ESN reader, or similar equipment |
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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, the attorney general or the attorney general's designee, |
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or the sheriff or chief of a designated law enforcement agency or |
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the sheriff's or chief's designee may issue an administrative |
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subpoena to a communication common carrier or a provider of an |
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electronic communications service to compel the production of any |
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carrier's or 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, the attorney general, or the |
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sheriff or chief of a designated law enforcement 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. |