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Committee hears bills giving prosecutors faster tools for cybercrime investigations
Summary
Senators considered measures to modernize cybercrime venue rules and to allow prosecutors administrative subpoenas in time-sensitive online theft and fraud cases. Prosecutors told the committee that current venue and records-access rules make it difficult to pursue complex, multi-jurisdictional cyber fraud affecting elderly victims and others.
The Senate Committee on Criminal Justice examined two related measures aimed at modernizing prosecutors' investigative powers for online theft and cyber-enabled fraud: a committee substitute for House Bill 25,94 (updates to venue for cybercrime prosecutions) and House Bill 31,85 (allowing administrative subpoenas for non-content Internet records in cybercrime investigations). Senators and prosecutors said the changes would help local offices pursue cases where alleged criminal conduct crosses county and state lines and where service providers retain data only briefly.
Nancy Abare of the Montgomery County District Attorney's Office told the committee the venue substitute would allow prosecutors to try cases in the county where the victim lives, where the defendant is apprehended, or where the defendant is extradited to, addressing situations in which attacks originate from unknown or remote locations. "Cyber crimes move at the speed of light and the problem is they can be done anywhere," Abare said. She added that the change would let prosecutors keep trials in the communities where victims were targeted and where records and witnesses are most accessible.
On the administrative-subpoena measure (HB 31,85), Montgomery County prosecutors and other witness testified the current process can be too slow: investigators sometimes must locate a judge to sign a subpoena outside normal hours, and providers often delete or purge records quickly. Supporters said the bill would allow prosecutors to issue administrative subpoenas for non-content records (IP addresses, payment methods, account identifiers) while still requiring warrants or court orders for content such as emails or browsing history.
Proponents repeatedly framed the bills as tools to protect elderly victims and other Texans who lose large sums in romance scams, investment fraud and ransomware incidents; witnesses cited cryptocurrency losses affecting older adults. The committee received no invited opposition and left the bills pending for further consideration.
