By Shapiro                                             S.B. No. 918
         77R4308 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the attorney general to issue an
 1-3     administrative subpoena for certain business records of a
 1-4     communications carrier or service.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 15, Article 18.21, Code of Criminal
 1-7     Procedure, is amended to read as follows:
 1-8           Sec. 15.  SUBPOENA AUTHORITY. The director of the department
 1-9     or the attorney general, or a [the director's] designee of the
1-10     director or the attorney general, may issue an administrative
1-11     subpoena to a communications common carrier or an electronic
1-12     communications service to compel the production of the carrier's or
1-13     service's business records that:
1-14                 (1)  disclose information about:
1-15                       (A)  the carrier's or service's customers; or
1-16                       (B)  users of the services offered by the carrier
1-17     or service; and
1-18                 (2)  are material to a criminal investigation.
1-19           SECTION 2.  This Act takes effect immediately if it receives
1-20     a vote of two-thirds of all the members elected to each house, as
1-21     provided by Section 39, Article III, Texas Constitution.  If this
1-22     Act does not receive the vote necessary for immediate effect, this
1-23     Act takes effect September 1, 2001.