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79R6177 PEP-D

By:  Madden                                                       H.B. No. 1782



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the inspector general of the Texas 
Department of Criminal Justice to issue administrative subpoenas 
for certain communication records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 493, Government Code, is amended by 
adding Section 493.0191 to read as follows:
	Sec. 493.0191.  ADMINISTRATIVE SUBPOENAS.  (a)  The 
inspector general may issue an administrative subpoena to a 
communications common carrier or an electronic communications 
service to compel the production of the carrier's or service's 
business records that:
		(1)  disclose information about:                                       
			(A)  the carrier's or service's customers; or                         
			(B)  users of the services offered by the carrier 
or service; and   
		(2)  are material to a criminal investigation of a 
potential escape, violation of Section 38.11, Penal Code, or other 
offense involving inmates or the operations of the department.
	(b)  In this section:                                                   
		(1)  "Communications common carrier" means a person 
engaged as a common carrier for hire in the transmission of wire or 
electronic communications.
		(2)  "Electronic communications service" means a 
service that provides to users of the service the ability to send or 
receive wire or electronic communications.
	SECTION 2.  This Act takes effect September 1, 2005.