TexasHB 318589th Legislature Regular SessionHouse

Relating to investigations of certain cybercrimes.

Sponsored By: Creighton, Pat Curry, Will Metcalf

Signed by Governor

Crimes--MiscellaneousCriminal Procedure--GeneralElectronic Information SystemsEMAIL & ELECTRONIC COMMUNICATIONSINTERNETSUBPOENAS

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Prosecutors gain subpoena power, with safeguards

Beginning September 1, 2025, Texas prosecutors can issue administrative subpoenas for records relevant to specified cybercrime investigations. They need reasonable cause to believe a website or covered electronic service account was used in the crime. Covered offenses fall under Penal Code Chapters 31, 32, 33, 33A, 34, 35, 42, 71, 72, or 76. Records can include names, addresses, phone or internet connection records, session times, service dates and types, and subscriber numbers, including temporary network addresses. They can also include payment sources, such as credit card or bank account numbers. Subpoenas must identify the requested items, give a reasonable deadline, and follow Texas civil court rules for service. Before that deadline, recipients can ask a court in the issuing county to change or cancel the subpoena or block disclosure.

Privacy limits protect subpoenaed account records

Beginning September 1, 2025, providers cannot disclose certain private account information in response to these Texas cybercrime subpoenas alone. Protected information includes messages in transit, online group or interest memberships, passwords, and all account content. Content includes email, address books, contact or buddy lists, internet proxy content, and browsing history. Disclosure is allowed when required by a court order or warrant, unless another law bars it. Information obtained or reported under these subpoenas is confidential and can be shared only as part of a related criminal case. If no criminal case or proceeding results within a reasonable time, prosecutors must destroy the records or return them to whoever provided them.

Sponsors & Cosponsors

Sponsors

  • Creighton

    Affiliation unavailable

  • Pat Curry

    House

  • Will Metcalf

    House

Cosponsors

  • Borris L. Miles

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 367 • No: 31

Senate vote • 5/28/2025

Record vote

Yes: 0 • No: 0

Senate vote • 5/28/2025

Record vote

Yes: 0 • No: 0

House vote • 5/12/2025

Record vote

Yes: 131 • No: 8

House vote • 5/10/2025

Record vote

Yes: 113 • No: 7

House vote • 5/10/2025

Record vote

Yes: 103 • No: 16

Senate vote • Unknown

Committee vote: Criminal Justice

Yes: 7 • No: 0

House vote • Unknown

Committee vote: Delivery of Government Efficiency

Yes: 13 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Signed by the Governor

    6/20/2025House
  3. Sent to the Governor

    5/31/2025House
  4. Signed in the Senate

    5/31/2025Senate
  5. Signed in the House

    5/30/2025House
  6. Reported enrolled

    5/30/2025House
  7. Senate passage reported

    5/29/2025House
  8. Record vote

    5/28/2025Senate
  9. Passed

    5/28/2025Senate
  10. Read 3rd time

    5/28/2025Senate
  11. Record vote

    5/28/2025Senate
  12. Three day rule suspended

    5/28/2025Senate
  13. Vote recorded in Journal

    5/28/2025Senate
  14. Read 2nd time & passed to 3rd reading

    5/28/2025Senate
  15. Laid before the Senate

    5/28/2025Senate
  16. Placed on local & uncontested calendar

    5/28/2025Senate
  17. Co-sponsor authorized

    5/28/2025Senate
  18. Committee report printed and distributed

    5/23/2025Senate
  19. Recommended for local & uncontested calendar

    5/23/2025Senate
  20. Reported favorably w/o amendments

    5/23/2025Senate
  21. Vote taken in committee

    5/22/2025Senate
  22. Testimony taken in committee

    5/22/2025Senate
  23. Considered in public hearing

    5/22/2025Senate
  24. Scheduled for public hearing on . . .

    5/22/2025Senate
  25. Referred to Criminal Justice

    5/13/2025Senate

Bill Text

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