Bill > HB3185

This bill creates a new chapter in the Texas Government Code that establishes a legal framework for investigating cybercrimes, defining cybercrimes as offenses under specific Penal Code chapters committed using internet websites or electronic service accounts. The bill allows prosecuting attorneys to issue administrative subpoenas for cybercrime investigations when there is reasonable cause to believe an electronic service account was used in a crime. These subpoenas can require production of specific records like names, addresses, connection records, service duration, subscriber identification numbers, and payment information. However, providers are prohibited from disclosing certain sensitive information such as in-transit communications, account passwords, and electronic mail contents without a court order or warrant. The bill mandates that any information obtained through these subpoenas must remain confidential and can only be disclosed as part of a related criminal case. If no criminal case results from the subpoenaed records within a reasonable period, the prosecuting attorney must either destroy the records or return them to the original provider. The legislation is set to take effect on September 1, 2025, and aims to provide law enforcement with additional tools to investigate technology-enabled criminal activities while maintaining certain privacy protections.

Government Affairs, Justice

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3185