HB3439 - 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.

  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.