FINANCIAL CRIMES INTELLIGENCE CENTER

Tex. GOV'T Code ch. 426
in effect

Tex. GOV'T Code § 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. Added by Acts 2025, 89th Leg., R.S., Ch. 750 (H.B. 3185 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 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. Added by Acts 2025, 89th Leg., R.S., Ch. 750 (H.B. 3185 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 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. Added by Acts 2025, 89th Leg., R.S., Ch. 750 (H.B. 3185 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 426.051. FINANCIAL CRIMES INTELLIGENCE CENTER ESTABLISHED.

The commission shall establish the center within the department. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 426.052. PURPOSES OF CENTER.

The purposes of the center are to: (1) serve as the state's primary entity for the planning, coordination, and integration of law enforcement agencies and other governmental agencies that respond to criminal activity related to payment fraud, including through the use of skimmers, and motor fuel theft; and (2) maximize the ability of the department, law enforcement agencies, and other governmental agencies to detect, prevent, and respond to criminal activities related to payment fraud and motor fuel theft. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 426.053. OPERATION AGREEMENTS AUTHORIZED; DIRECTOR.

(a) The department: (1) may enter into agreements with law enforcement agencies or other governmental agencies for the operation of the center; and (2) shall enter into an agreement with a law enforcement agency or other governmental agency for the appointment of a director to supervise and manage the operation of the center. (b) The director appointed under the agreement required by Subsection (a)(2) may be a licensed peace officer. The agreement must provide that the commission of a director who is a licensed peace officer will be carried by the agency with which the department enters into the agreement under that subdivision. (c) Information a law enforcement agency or other governmental agency collects and maintains under an agreement entered into with the department under this chapter is the intellectual property of the center. On termination of the agreement, the contracting agency shall transfer the information to the department in accordance with the terms of the agreement. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 426.054. POWERS AND DUTIES.

(a) The center may collaborate with federal, state, and local governmental agencies to accomplish the purposes of the center. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1 (b) The center shall assist law enforcement agencies, other governmental agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, institutions of higher education, and merchants in their efforts to develop and implement strategies to: (1) prevent and respond to payment fraud; (2) detect skimmers; and (3) ensure an effective response if a skimmer is found. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 542 (H.B. 201 ), Sec. 3 (b) The center shall assist law enforcement agencies, other governmental agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, institutions of higher education, and merchants in their efforts to develop and implement strategies to: (1) detect skimmers and motor fuel manipulation devices; (2) ensure an effective response if a skimmer or motor fuel manipulation device is found; and (3) prevent card fraud and motor fuel theft. (b-1) On request of a law enforcement or other governmental agency, the center may provide assistance to that agency regarding any matter within the center's expertise. (c) The center may: (1) serve as a centralized collection point for information related to payment fraud and motor fuel theft; (2) provide training and educational opportunities to law enforcement; (3) provide outreach to the public; and (4) release information to affected financial institutions, credit card issuers, debit card issuers, payment card networks, institutions of higher education, and merchants if the center does not consider the information to be sensitive to law enforcement. (d) For purposes of Subsection (c)(4), information is considered sensitive to law enforcement if the information could cause harm to law enforcement activities or jeopardize an investigation or operation if disclosed. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 426.055. ANNUAL REPORT.

(a) Not later than December 1 of each year, the director shall file a report with the department. (b) The report must include: (1) a plan of operation for the center and an estimate of the amount of money necessary to implement that plan; (2) an assessment of the current state of payment fraud and motor fuel theft in this state, including: (A) an identification of the geographic locations in this state that have the highest statistical probability for payment fraud and motor fuel theft; and (B) a summary of payment fraud and motor fuel theft statistics for the year in which the report is filed; (3) a detailed plan of operation for combatting payment fraud and motor fuel theft; (4) a communications plan for outreach to law enforcement agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, merchants, and the public; and (5) a list of expenditures made since the most recent report was filed with the department. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025. SUBCHAPTER C. FINANCIAL PROVISIONS

Tex. GOV'T Code § 426.101. FUNDING.

The department may solicit and accept gifts, grants, and other donations to fund, administer, and carry out the purposes of the center, except that the department may not solicit or accept a gift, grant, or other donation from a license holder as defined by Section 2310.151 , Occupations Code. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025.

Tex. GOV'T Code § 426.102. AWARD OF GRANTS.

(a) Subject to the availability of appropriated money, the department may award grants for the purposes of this chapter by entering into a contract with each grant recipient. (b) A grant recipient may use grant money to: (1) reduce payment fraud by removing skimmers; (2) purchase or upgrade payment fraud deterrence equipment, including unique locking systems, cameras, and lights; (3) provide training opportunities regarding payment fraud and skimmers; and (4) conduct public outreach regarding payment fraud and motor fuel theft. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026