Bill on confidentiality of certain administrative subpoenas

The text as introduced · 283 words

89R14867 EAS-D

By: Lowe
H.B. No. 3417

A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of administrative subpoenas for

offenses that involve the Internet-based sexual exploitation of a

minor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 422.003, Government Code, is amended by

adding Subsection (b-1) and amending Subsection (c) to read as

follows:

(b-1) If the prosecuting attorney or officer of an ICAC task

force issuing a subpoena under Subsection (b) determines that any

of the following disclosures could significantly impede or

jeopardize the investigation, the subpoena may provide that the

electronic communication service or remote computing service to

which the subpoena is directed may not:

(1) disclose that the subpoena has been issued;

(2) identify or describe any records or other

documentation requested in the subpoena; or

(3) disclose whether records or other documentation

has been provided in response to the subpoena.

(c) A subpoena under Subsection (b) must:

(1) describe any objects or items to be produced;

[ and ]

(2) prescribe a reasonable return date by which those

objects or items must be assembled and made available ; and

(3) if applicable, state the determination of the

prosecuting attorney or officer of an ICAC task force described by

Subsection (b-1) .

SECTION 2. The change in law made by this Act applies only

to a subpoena issued on or after the effective date of this Act. A

subpoena issued before the effective date of this Act is governed by

the law in effect on the date the subpoena was issued, and the

former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.