H.B. No. 3185 introduces Chapter 426 to the Government Code, focusing on the investigation of cybercrimes in Texas. The bill defines "cybercrime" as offenses under specific chapters of the Penal Code that are committed using an Internet website or electronic service account. It grants prosecuting attorneys the authority to issue administrative subpoenas for the production of records related to cybercrime investigations, provided there is reasonable cause to believe that an Internet or electronic service account has been used in the commission of such crimes. The subpoena must detail the items to be produced and set a reasonable return date.
Additionally, the bill outlines the types of information that can be requested through these subpoenas, including personal identification details and service records, while also protecting certain sensitive information from disclosure. Specifically, it prohibits the disclosure of in-transit communications, account memberships, passwords, and content of accounts unless required by a court order. The bill ensures that any information obtained under these subpoenas remains confidential and can only be disclosed as part of a related criminal case. The provisions of this act will take effect on September 1, 2025.
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