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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 communications 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 provider to compel the production of the carrier's or |
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service provider's business records that: |
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(1) disclose information about: |
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(A) the carrier's or service provider's |
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customers; or |
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(B) users of the services offered by the carrier |
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or service provider; and |
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(2) are material to a criminal investigation of an |
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escape or a potential escape or a violation of Section 38.11, Penal |
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Code. |
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(b) In this section: |
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(1) "Communications common carrier" means a person |
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that: |
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(A) for a fee, provides directly to the public or |
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to certain members of the public the ability to transmit between or |
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among points specified by the person who uses that ability, |
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regardless of the technology used, information of the person's |
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choosing without change in the form or content of the information |
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transmitted; or |
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(B) a provider that bills customers for services |
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described by Paragraph (A). |
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(2) "Electronic communications service provider" |
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means a service provider that provides to users of the service the |
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ability to send or receive wire or electronic communications, as |
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those terms are defined by Article 18.20, Code of Criminal |
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Procedure. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1728 was passed by the House on April |
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24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1728 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |