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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the inspector general of the Texas |
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Department of Criminal Justice to issue administrative subpoenas |
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for certain communication records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 493, Government Code, is amended by |
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adding Section 493.0191 to read as follows: |
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Sec. 493.0191. ADMINISTRATIVE SUBPOENAS. (a) The |
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inspector general may issue an administrative subpoena to a |
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communications common carrier or an electronic communications |
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service to compel the production of the carrier's or service's |
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business records that: |
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(1) disclose information about: |
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(A) the carrier's or service's customers; or |
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(B) users of the services offered by the carrier |
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or service; and |
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(2) are material to a criminal investigation of a |
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potential escape, violation of Section 38.11, Penal Code, or other |
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offense involving inmates or the operations of the department. |
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(b) In this section: |
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(1) "Communications common carrier" means a person |
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that provides commercial telephone services or a provider that |
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bills customers for those services, regardless of the technology |
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used to provide the service. |
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(2) "Electronic communications service" means a |
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service that provides to users of the service the ability to send or |
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receive wire or electronic communications. |
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SECTION 2. This Act takes effect September 1, 2009. |