Relating to investigations of certain cybercrimes, the official text

H.B. No. 3185

AN ACT

relating to investigations of certain cybercrimes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Government Code, is amended

by adding Chapter 426 to read as follows:

CHAPTER 426. CYBERCRIMES

Sec. 426.001. DEFINITION. In this chapter, "cybercrime"

means an offense:

(1) under Chapter 31, 32, 33, 33A, 34, 35, 42, 71, 72,

or 76, Penal Code; and

(2) that is committed using an Internet website or an

electronic service account provided through an electronic

communication service or remote computing service.

Sec. 426.002. ADMINISTRATIVE SUBPOENA. (a) A prosecuting

attorney may issue and cause to be served an administrative

subpoena that requires the production of records or other

documentation as described by Subsection (c) if:

(1) the subpoena relates to an investigation of a

cybercrime; and

(2) there is reasonable cause to believe that the

Internet or electronic service account provided through an

electronic communication service or remote computing service has

been used in the commission of a cybercrime.

(b) A subpoena under Subsection (a) must:

(1) describe any objects or items to be produced; and

(2) prescribe a reasonable return date by which those

objects or items must be assembled and made available.

(c) Except as provided by Subsection (d), a subpoena issued

under Subsection (a) may require the production of any records or

other documentation relevant to the investigation, including:

(1) a name;

(2) an address;

(3) a local or long distance telephone connection

record, satellite-based Internet service provider connection

record, or record of session time and duration;

(4) the duration of the applicable service, including

the start date for the service and the type of service used;

(5) a telephone or instrument number or other number

used to identify a subscriber, including a temporarily assigned

network address; and

(6) the source of payment for the service, including a

credit card or bank account number.

(d) A provider of an electronic communication service or

remote computing service may not disclose the following information

in response to a subpoena issued under Subsection (a):

(1) an in-transit electronic communication;

(2) an account membership related to an Internet

group, newsgroup, mailing list, or specific area of interest;

(3) an account password; or

(4) any account content, including:

(A) any form of electronic mail;

(B) an address book, contact list, or buddy list;

or

(C) Internet proxy content or Internet history.

(e) A provider of an electronic communication service or

remote computing service shall disclose the information described

by Subsection (d) if that disclosure is required by court order or

warrant, to the extent that the disclosure is not prohibited by

other law.

(f) A person authorized to serve process under the Texas

Rules of Civil Procedure may serve a subpoena issued under

Subsection (a). The person shall serve the subpoena in accordance

with the Texas Rules of Civil Procedure.

(g) Before the return date specified on a subpoena issued

under Subsection (a), the person receiving the subpoena may, in an

appropriate court located in the county where the subpoena was

issued, petition for an order to modify or quash the subpoena or to

prohibit disclosure of applicable information by a court.

(h) If a criminal case or proceeding does not result from

the production of records or other documentation under this section

within a reasonable period, the prosecuting attorney shall, as

appropriate:

(1) destroy the records or documentation; or

(2) return the records or documentation to the person

who produced the records or documentation.

Sec. 426.003. CONFIDENTIALITY OF INFORMATION. Any

information, records, or data reported or obtained under a subpoena

issued under Section 426.002(a):

(1) is confidential; and

(2) may not be disclosed to any other person unless the

disclosure is made as part of a criminal case related to those

materials.

SECTION 2. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 3185 was passed by the House on May

12, 2025, by the following vote: Yeas 131, Nays 8, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3185 was passed by the Senate on May

28, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor