Bill Text: TX SB324 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the powers and duties of certain prosecutors and authorized peace officers of the offices of those prosecutors with respect to certain laws governing the installation and use of tracking equipment and access to certain communications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-12 - Filed [SB324 Detail]

Download: Texas-2021-SB324-Introduced.html
  87R1099 JRR-D
 
  By: West S.B. No. 324
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of certain prosecutors and
  authorized peace officers of the offices of those prosecutors 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; [or]
                     (C)  the office of inspector general of the Texas
  Department of Criminal Justice; or
                     (D)  the office of a prosecutor in a county with a
  population of more than 1.8 million.
         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, or the sheriff, [or] chief, or
  prosecutor of a designated law enforcement office or agency or the
  sheriff's, [or] chief's, or prosecutor'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 or the sheriff, [or] chief, or prosecutor of a
  designated law enforcement office or 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, or the sheriff, [or] chief, or prosecutor of a designated
  law enforcement office or agency or the sheriff's, [or] chief's, or
  prosecutor'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 or the sheriff, [or] chief, or
  prosecutor of a designated law enforcement office or agency, as
  applicable, shall report to the department the issuance of the
  subpoena.
         SECTION 6.  This Act takes effect September 1, 2021.
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