Guillen Bill Lets Attorney General Subpoena Carriers, No Judge Needed

The text as introduced · 614 words

89R1774 JCG-F

By: Guillen
H.B. No. 3439

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the office of the attorney

general with respect to certain laws governing the installation and

use of tracking equipment and access to certain communications.

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

SECTION 1. Article 18B.001(4), Code of Criminal Procedure,

is amended to read as follows:

(4) "Designated law enforcement office or agency"

means:

(A) the sheriff's department of a county with a

population of 3.3 million or more;

(B) a police department in a municipality with a

population of 200,000 or more;

(C) the office of inspector general of the Texas

Department of Criminal Justice; [ or ]

(D) the office of inspector general of the Texas

Juvenile Justice Department ; or

(E) a division or section of the office of the

attorney general that conducts criminal investigations .

SECTION 2. Article 18B.252(b), Code of Criminal Procedure,

is amended to read as follows:

(b) If the director of the department or the director's

designee approves the policy submitted under Article 18B.251, the

inspector general of the Texas Department of Criminal Justice or

the inspector general's designee, the inspector general of the

Texas Juvenile Justice Department or the inspector general's

designee, the attorney general or the attorney general's designee,

or the sheriff or chief of a designated law enforcement agency or

the sheriff's or chief's designee, as applicable, shall submit to

the director a written list of all peace officers in the designated

law enforcement office or agency who are authorized to possess,

install, operate, or monitor pen registers, ESN readers, or similar

equipment.

SECTION 3. Article 18B.302(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The inspector general of the Texas Department of

Criminal Justice, the inspector general of the Texas Juvenile

Justice Department or the inspector general's designee, the

attorney general, or the sheriff or chief of a designated law

enforcement agency, as applicable, shall submit to the director of

the department a written report of expenditures made by the

designated law enforcement office or agency to purchase and

maintain a pen register, ESN reader, or similar equipment

authorized under this chapter.

SECTION 4. Article 18B.451, Code of Criminal Procedure, is

amended to read as follows:

Art. 18B.451. SUBPOENA AUTHORITY. The director of the

department or the director's designee, the inspector general of the

Texas Department of Criminal Justice or the inspector general's

designee, the inspector general of the Texas Juvenile Justice

Department or the inspector general's designee, the attorney

general or the attorney general's designee, or the sheriff or chief

of a designated law enforcement agency or the sheriff's or chief's

designee may issue an administrative subpoena to a communication

common carrier or a provider of an electronic communications

service to compel the production of any carrier's or service

provider's business records that:

(1) disclose information about:

(A) the carrier's or service provider's

customers; or

(B) users of the services offered by the carrier

or service provider; and

(2) are material to a criminal investigation.

SECTION 5. Article 18B.452, Code of Criminal Procedure, is

amended to read as follows:

Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later

than the 30th day after the date on which an administrative subpoena

is issued under Article 18B.451, the inspector general of the Texas

Department of Criminal Justice, the inspector general of the Texas

Juvenile Justice Department or the inspector general's designee,

the attorney general, or the sheriff or chief of a designated law

enforcement agency, as applicable, shall report to the department

the issuance of the subpoena.

SECTION 6. This Act takes effect September 1, 2025.