reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter H. Disclosure and Use of Intercepted Communications › Article 18A.357. Communications Received in Evidence

(a)  The contents of an intercepted communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, this state, or a political subdivision of this state unless:
(1)  the communication was intercepted in violation of this chapter, Section 16.02, Penal Code, or federal law; or
(2)  the disclosure of the contents of the communication or evidence derived from the communication would violate a law described by Subdivision (1).
(b)  The contents of an intercepted communication and evidence derived from the communication may be received in a civil trial, hearing, or other proceeding only if the civil trial, hearing, or other proceeding arises out of a violation of a penal law.
(c)  This article does not prohibit the use or admissibility of the contents of an intercepted communication or evidence derived from the communication if the communication was intercepted in a jurisdiction outside this state in compliance with the law of that jurisdiction.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter H. Disclosure and Use of Intercepted Communications › Article 18A.358. Suppression of Contents of Intercepted Communications

(a) An aggrieved person charged with an offense in a trial, hearing, or proceeding in or before a court, department, officer, agency, regulatory body, or other authority of the United States, this state, or a political subdivision of this state may move to suppress the contents of an intercepted wire, oral, or electronic communication or evidence derived from the communication on the ground that:
(1)  the communication was unlawfully intercepted;
(2)  the interception order is insufficient on its face; or
(3)  the interception was not made in conformity with the interception order.
(b)  A person identified by a party to an intercepted wire, oral, or electronic communication during the course of that communication may move to suppress the contents of the communication on:
(1)  a ground provided under Subsection (a); or
(2)  the ground that the harm to the person resulting from the person's identification in court exceeds the value to the prosecution of the disclosure of the contents.
(c)  The motion to suppress must be made before the trial, hearing, or proceeding unless:
(1)  there was not an opportunity to make the motion; or
(2)  the aggrieved person was not aware of the grounds of the motion.
(d)  The hearing on the motion to suppress shall be held in camera on the written request of the aggrieved person.
(e)  If the motion to suppress is granted, the contents of the intercepted wire, oral, or electronic communication and evidence derived from the communication shall be treated as having been obtained in violation of this chapter.
(f)  The judge, on the filing of the motion to suppress by the aggrieved person, shall make available to the aggrieved person or the person's counsel for inspection any portion of the intercepted communication or evidence derived from the communication that the judge determines to make available in the interest of justice.
(g)  A judge of this state, on hearing a pretrial motion regarding conversations intercepted by wire in accordance with this chapter, or who otherwise becomes informed that there exists on such an intercepted wire, oral, or electronic communication identification of a specific individual who is not a suspect or a party to the subject of interception shall:
(1)  give notice and an opportunity to be heard on the matter of suppression of references to that individual if identification is sufficient to give notice; or
(2)  suppress references to that individual if identification is:
(A)  sufficient to potentially cause embarrassment or harm that outweighs the probative value, if any, of the mention of that individual; and
(B)  insufficient to require the notice under Subdivision (1).
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter I. Use and Disposition of Applications and Orders › Article 18A.401. Sealing of Application or Order

The judge shall seal each application made and order issued under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter I. Use and Disposition of Applications and Orders › Article 18A.402. Custody of Applications and Orders

Custody of applications and orders issued under this chapter shall be wherever the judge directs.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter I. Use and Disposition of Applications and Orders › Article 18A.403. Disclosure of Application or Order

An application made or order issued under this chapter may be disclosed only on a showing of good cause before a judge of competent jurisdiction.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter I. Use and Disposition of Applications and Orders › Article 18A.404. Destruction of Application or Order

An application made or order issued under this chapter may be destroyed only on or after the 10th anniversary of the date the application or order was sealed and only if the judge of competent jurisdiction for the administrative judicial region in which the application was made or the order was issued orders the destruction.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter J. Creation, Use, and Disposition of Recordings › Article 18A.451. Creation of Recordings

The contents of a wire, oral, or electronic communication intercepted by means authorized by this chapter shall be recorded on tape, wire, or other comparable device in a way that protects the recording from editing or other alterations.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter J. Creation, Use, and Disposition of Recordings › Article 18A.452. Duplication of Recordings

Recordings under Article 18A.451 may be duplicated for use or disclosure under Article 18A.351 for investigations.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter J. Creation, Use, and Disposition of Recordings › Article 18A.453. Sealing and Custody of Recordings

(a)  Immediately on the expiration of the period of an interception order and all extensions, if any, the recordings under Article 18A.451 shall be:
(1)  made available to the judge issuing the order; and
(2)  sealed under the judge's directions.
(b)  Custody of the recordings shall be wherever the judge orders.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter J. Creation, Use, and Disposition of Recordings › Article 18A.454. Destruction of Recordings

A recording under Article 18A.451 may be destroyed only on or after the 10th anniversary of the date of expiration of the interception order and the last extension, if any, and only if the judge of competent jurisdiction for the administrative judicial region in which the interception was authorized orders the destruction.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter J. Creation, Use, and Disposition of Recordings › Article 18A.455. Prerequisite for Use or Disclosure of Recording in Certain Proceedings

The presence of the seal required by Article 18A.453(a) or a satisfactory explanation of the seal's absence is a prerequisite for the use or disclosure of the contents of a wire, oral, or electronic communication or evidence derived from the communication under Article 18A.352.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter K. Violation; Sanctions › Article 18A.501. Contempt

A violation of Subchapter I or J may be punished as contempt of court.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter K. Violation; Sanctions › Article 18A.502. Recovery of Civil Damages by Aggrieved Person

A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter or Chapter 16, Penal Code:
(1)  has a civil cause of action against any person who intercepts, discloses, or uses or solicits another person to intercept, disclose, or use the communication; and
(2)  is entitled to recover from the person:
(A)  actual damages but not less than liquidated damages computed at a rate of $100 for each day the violation occurs or $1,000, whichever is higher;
(B)  punitive damages; and
(C)  reasonable attorney's fees and other litigation costs reasonably incurred.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter K. Violation; Sanctions › Article 18A.503. Action Brought by Federal or State Government; Injunction; Penalties

(a)  A person is subject to suit by the federal or state government in a court of competent jurisdiction for appropriate injunctive relief if the person engages in conduct that:
(1)  constitutes an offense under Section 16.05, Penal Code, but is not for a tortious or illegal purpose or for the purpose of direct or indirect commercial advantage or private commercial gain; and
(2)  involves a radio communication that is:
(A)  transmitted on frequencies allocated under Subpart D of Part 74 of the rules of the Federal Communications Commission; and
(B)  not scrambled or encrypted.
(b)  The attorney general or the county or district attorney of the county in which the conduct described by Subsection (a) is occurring may file suit under that subsection on behalf of the state.
(c)  A defendant is liable for a civil penalty of $500 if it is shown at the trial of the civil suit brought under Subsection (a) that the defendant has been:
(1)  convicted of an offense under Section 16.05, Penal Code; or
(2)  found liable in a civil action brought under Article 18A.502.
(d)  Each violation of an injunction ordered under Subsection (a) is punishable by a fine of $500.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter K. Violation; Sanctions › Article 18A.504. Good Faith Defense Available

A good faith reliance on a court order or legislative authorization constitutes a complete defense to an action brought under Article 18A.502 or 18A.503.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter K. Violation; Sanctions › Article 18A.505. No Cause of Action

A computer trespasser or a user, aggrieved person, subscriber, or customer of a communication common carrier or provider of an electronic communications service does not have a cause of action against the carrier or service provider, the officers, employees, or agents of the carrier or service provider, or other specified persons for providing information, facilities, or assistance as required by a good faith reliance on:
(1)  legislative authority; or
(2)  a court order, warrant, subpoena, or certification under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter L. Reports › Article 18A.551. Report of Intercepted Communications by Judge

(a)  Within 30 days after the date an interception order or the last extension, if any, expires or after the denial of an interception order, the issuing or denying judge shall report to the Administrative Office of the United States Courts:
(1)  the fact that an order or extension was applied for;
(2)  the kind of order or extension applied for;
(3)  the fact that the order or extension was granted as applied for, was modified, or was denied;
(4)  the period of interceptions authorized by the order and the number and duration of any extensions of the order;
(5)  the offense specified in the order or application or extension;
(6)  the identity of the requesting officer and the prosecutor; and
(7)  the nature of the facilities from which or the place where communications were to be intercepted.
(b)  A judge required to file a report under this article shall forward a copy of the report to the director.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter L. Reports › Article 18A.552. Report of Intercepted Communications by Prosecutor

(a)  In January of each year each prosecutor shall report to the Administrative Office of the United States Courts the following information for the preceding calendar year:
(1)  the information required by Article 18A.551(a) with respect to each application for an interception order or extension made;
(2)  a general description of the interceptions made under each order or extension, including:
(A)  the approximate nature and frequency of incriminating communications intercepted;
(B)  the approximate nature and frequency of other communications intercepted;
(C)  the approximate number of persons whose communications were intercepted; and
(D)  the approximate nature, amount, and cost of the personnel and other resources used in the interceptions;
(3)  the number of arrests resulting from interceptions made under each order or extension and the offenses for which the arrests were made;
(4)  the number of trials resulting from interceptions;
(5)  the number of motions to suppress made with respect to interceptions and the number granted or denied;
(6)  the number of convictions resulting from interceptions, the offenses for which the convictions were obtained, and a general assessment of the importance of the interceptions; and
(7)  the information required by Subdivisions (2) through (6) with respect to orders or extensions obtained.
(b)  A prosecutor required to file a report under this article shall forward a copy of the report to the director.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications › Subchapter L. Reports › Article 18A.553. Report of Intercepted Communications by Department of Public Safety

(a)  On or before March 1 of each year, the director shall submit a report of all intercepts conducted under this chapter and terminated during the preceding calendar year to:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives;
(4)  the chair of the senate jurisprudence committee; and
(5)  the chair of the house of representatives criminal jurisprudence committee.
(b)  The report must include:
(1)  the reports of judges and prosecuting attorneys forwarded to the director as required by Articles 18A.551(b) and 18A.552(b);
(2)  the number of department personnel authorized to possess, install, or operate an interception device;
(3)  the number of department and other law enforcement personnel who participated or engaged in the seizure of intercepts under this chapter during the preceding calendar year; and
(4)  the total cost to the department of all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, personnel, and expenses incurred as compensation for use of facilities or technical assistance provided to the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter B. Application for Order Authorizing Installation and Use of Equipment › Article 18B.051. Requirements Regarding Request for and Filing of Application

(a)  A prosecutor with jurisdiction in a county within a judicial district described by Article 18B.052 may file with a district judge in the judicial district an application for the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device.
(b)  A prosecutor may file an application under this subchapter or under federal law on:
(1)  the prosecutor's own motion; or
(2)  the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
(c)  A prosecutor must make an application personally and may not make the application through an assistant or other person acting on the prosecutor's behalf if the prosecutor:
(1)  files an application on the prosecutor's own motion; or
(2)  files an application for the installation and use of a pen register, ESN reader, or similar equipment on the request of an authorized peace officer not commissioned by the department, other than an authorized peace officer employed by a designated law enforcement office or agency.
(d)  A prosecutor may make an application through an assistant or other person acting on the prosecutor's behalf if the prosecutor files an application for the installation and use of:
(1)  a pen register, ESN reader, or similar equipment on the request of:
(A)  an authorized peace officer who is commissioned by the department; or
(B)  an authorized peace officer of a designated law enforcement office or agency; or
(2)  a trap and trace device or similar equipment on the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter B. Application for Order Authorizing Installation and Use of Equipment › Article 18B.052. Jurisdiction

An application under this subchapter must be filed in a judicial district in which is located:
(1)  the site of the proposed installation or use of the device or equipment;
(2)  the site of the communication device on which the device or equipment is proposed to be installed or used;
(3)  the billing, residential, or business address of the subscriber to the electronic communications service on which the device or equipment is proposed to be installed or used;
(4)  the headquarters of:
(A)  the office of the prosecutor filing an application under this subchapter; or
(B)  a law enforcement agency that requests the prosecutor to file an application under this subchapter or that proposes to execute an order authorizing installation and use of the device or equipment; or
(5)  the headquarters of a service provider ordered to install the device or equipment.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter B. Application for Order Authorizing Installation and Use of Equipment › Article 18B.053. Application Requirements

An application under this subchapter must:
(1)  be made in writing under oath;
(2)  include the name of the subscriber and the telephone number and location of the communication device on which the pen register, ESN reader, trap and trace device, or similar equipment will be used, to the extent that information is known or is reasonably ascertainable; and
(3)  state that the installation and use of the device or equipment will likely produce information that is material to an ongoing criminal investigation.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter C. Order Authorizing Installation and Use of Equipment › Article 18B.101. Order Authorizing Installation and Use of Pen Register, Esn Reader, or Similar Equipment

(a)  On presentation of an application under Subchapter B, a judge may order the installation and use of a pen register, ESN reader, or similar equipment by an authorized peace officer commissioned by the department or an authorized peace officer of a designated law enforcement office or agency.
(b)  On request of the applicant, the judge shall direct in the order that a communication common carrier or a provider of an electronic communications service provide all information, facilities, and technical assistance necessary to facilitate the installation and use of the device or equipment by the department or designated law enforcement office or agency unobtrusively and with a minimum of interference to the services provided by the carrier or service provider.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter C. Order Authorizing Installation and Use of Equipment › Article 18B.102. Order Authorizing Installation and Use of Trap and Trace Device or Similar Equipment

(a)  On presentation of an application under Subchapter B, a judge may order the installation and use of a trap and trace device or similar equipment on the appropriate line by a communication common carrier or other person.
(b)  The judge may direct the communication common carrier or other person, including any landlord or other custodian of equipment, to provide all information, facilities, and technical assistance necessary to install or use the device or equipment unobtrusively and with a minimum of interference to the services provided by the communication common carrier, landlord, custodian, or other person.
(c)  Unless otherwise ordered by the court, the results of the device or equipment shall be provided to the applicant, as designated by the court, at reasonable intervals during regular business hours, for the duration of the order.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter C. Order Authorizing Installation and Use of Equipment › Article 18B.103. Compensation for Carrier or Service Provider

(a)  A communication common carrier or a provider of an electronic communications service that provides facilities and assistance to the department or a designated law enforcement office or agency under Article 18B.101(b) is entitled to compensation at the prevailing rates for the facilities and assistance.
(b)  A communication common carrier that provides facilities and assistance to a designated law enforcement office or agency under Article 18B.102(b) is entitled to compensation at the prevailing rates for the facilities and assistance.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter C. Order Authorizing Installation and Use of Equipment › Article 18B.104. Duration of Order

(a)  An order for the installation and use of a device or equipment under this subchapter is valid for a period not to exceed 60 days after the earlier of the date the device or equipment is installed or the 10th day after the date the order is entered, unless the prosecutor applies for and obtains an extension of the order from the court before the order expires.
(b)  Each extension granted under Subsection (a) may not exceed a period of 60 days, except that the court may extend an order for a period not to exceed one year with the consent of the subscriber or customer of the service on which the device or equipment is used.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter C. Order Authorizing Installation and Use of Equipment › Article 18B.105. Sealing Records of Application and Order

A district court shall seal an application and order granted under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter D. Emergency Installation and Use of Certain Equipment › Article 18B.151. Emergency Installation and Use of Pen Register or Trap and Trace Device

(a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 6, eff. September 1, 2021.
(b)  A peace officer authorized to possess, install, operate, or monitor a device under Subchapter E, Chapter 18A, may install and use a pen register or trap and trace device if the peace officer reasonably believes:
(1)  an immediate life-threatening situation exists that:
(A)  is within the territorial jurisdiction of the peace officer or another officer the peace officer is assisting; and
(B)  requires the installation of a pen register or trap and trace device before an order authorizing the installation and use can, with due diligence, be obtained under this chapter; and
(2)  there are sufficient grounds under this chapter on which to obtain an order authorizing the installation and use of a pen register or trap and trace device.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter D. Emergency Installation and Use of Certain Equipment › Article 18B.152. Order Authorizing Emergency Installation and Use

(a)  A peace officer who installs or uses a pen register or trap and trace device under Article 18B.151 shall:
(1)  promptly report the installation or use of the device to the prosecutor in the county in which the device is installed or used; and
(2)  within 48 hours after the installation of the device is complete or the use of the device begins, whichever occurs first, obtain an order under Subchapter C authorizing the installation and use of the device.
(b)  A judge may issue an order authorizing the installation and use of a device under this subchapter during the 48-hour period prescribed by Subsection (a)(2).  If an order is denied or is not issued within the 48-hour period, the peace officer shall terminate use of and remove the pen register or trap and trace device promptly on the earlier of the denial or the expiration of 48 hours.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter D. Emergency Installation and Use of Certain Equipment › Article 18B.153. Admissibility of Evidence Obtained

The state may not use as evidence in a criminal proceeding any information gained through the use of a pen register or trap and trace device installed under this subchapter if an authorized peace officer:
(1)  does not apply for authorization for the pen register or trap and trace device; or
(2)  applies for but does not obtain that authorization.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter E. Mobile Tracking Devices › Article 18B.201. Definition

In this subchapter, "mobile tracking device" means an electronic or mechanical device that permits tracking the movement of a person, vehicle, container, item, or object.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter E. Mobile Tracking Devices › Article 18B.202. Order Authorizing Installation and Use of Mobile Tracking Device

(a)  A district judge may issue an order for the installation and use of a mobile tracking device only on the application of an authorized peace officer.
(b)  An application must be written, signed, and sworn to before the judge.
(c)  The affidavit must:
(1)  state the name, department, agency, and address of the applicant;
(2)  identify the vehicle, container, or item to which, in which, or on which the mobile tracking device is to be attached, placed, or otherwise installed;
(3)  state the name of the owner or possessor of the vehicle, container, or item identified under Subdivision (2);
(4)  state the judicial jurisdictional area in which the vehicle, container, or item identified under Subdivision (2) is expected to be found; and
(5)  state the facts and circumstances that provide the applicant with probable cause to believe that:
(A)  criminal activity has been, is, or will be committed; and
(B)  the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of that criminal activity.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter E. Mobile Tracking Devices › Article 18B.203. Jurisdiction

(a)  A district judge may issue an order for the installation and use of a mobile tracking device in the same judicial district as the site of:
(1)  the investigation; or
(2)  the person, vehicle, container, item, or object the movement of which will be tracked by the device.
(b)  The order may authorize the use of a mobile tracking device outside the judicial district but within the state, if the device is installed within the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter E. Mobile Tracking Devices › Article 18B.204. Notification of Judge Following Activation of Mobile Tracking Device

Within 72 hours after the time a mobile tracking device is activated in place on or within a vehicle, container, or item, the applicant for whom an order was issued under this subchapter shall notify in writing the judge who issued the order.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter E. Mobile Tracking Devices › Article 18B.205. Duration of Order

(a)  An order under this subchapter expires not later than the 90th day after the date that the mobile tracking device was activated in place on or within the vehicle, container, or item.
(b)  For good cause shown, the judge may grant an extension for an additional 90-day period.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter E. Mobile Tracking Devices › Article 18B.206. Removal of Device

(a)  The applicant shall remove or cause to be removed the mobile tracking device as soon as is practicable after the authorization period expires.
(b)  If removal is not practicable, the device may not be monitored after the expiration of the order.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter E. Mobile Tracking Devices › Article 18B.207. Nonapplicability

(a)  This subchapter does not apply to a global positioning or similar device installed in or on an item of property by the owner or with the consent of the owner of the property.
(b)  In an emergency, a private entity may monitor a device described by Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter F. Law Enforcement Powers and Duties › Article 18B.251. Policy Required

Each designated law enforcement office or agency shall:
(1)  adopt a written policy governing the application of this chapter to the office or agency; and
(2)  submit the policy to the director of the department, or the director's designee, for approval.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter F. Law Enforcement Powers and Duties › Article 18B.252. Peace Officers Authorized to Possess, Install, Operate, or Monitor Equipment

(a)  A peace officer of a designated law enforcement office or agency is authorized to possess, install, operate, or monitor a pen register, ESN reader, or similar equipment if the peace officer's name is on the list submitted to the director of the department under Subsection (b).
(b)  If the director of the department or the director's designee approves the policy submitted under Article 18B.251, the inspector general of the Texas Department of Criminal Justice or the inspector general's designee, the inspector general of the Texas Juvenile Justice Department or the inspector general's designee, or the sheriff or chief of a designated law enforcement agency or the sheriff's or chief's designee, as applicable, shall submit to the director a written list of all peace officers in the designated law enforcement office or agency who are authorized to possess, install, operate, or monitor pen registers, ESN readers, or similar equipment.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter F. Law Enforcement Powers and Duties › Article 18B.253. Limitation: Pen Registers

To prevent inclusion of the contents of a wire or electronic communication, a governmental agency authorized to install and use a pen register under this chapter or other law must use reasonably available technology to only record and decode electronic or other impulses used to identify the numbers dialed, routed, addressed, or otherwise processed or transmitted by the communication.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter F. Law Enforcement Powers and Duties › Article 18B.254. Application or Order Not Required for Certain Searches

A peace officer is not required to file an application under Subchapter B or obtain an order under Subchapter C before the peace officer makes an otherwise lawful search, with or without a warrant, to determine the contents of a caller identification message, pager message, or voice message that is contained within the memory of an end-user's identification, paging, or answering device.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter G. Oversight › Article 18B.301. Compliance Audit

(a)  The department may conduct an audit of a designated law enforcement office or agency to ensure compliance with this chapter.
(b)  If the department determines from the audit that the designated law enforcement office or agency is not in compliance with the policy adopted by the office or agency under Article 18B.251, the department shall notify the office or agency in writing that the office or agency, as applicable, is not in compliance.
(c)  If the department determines that the office or agency still is not in compliance with the policy on the 90th day after the date the office or agency receives written notice under Subsection (b), the office or agency loses the authority granted by this chapter until:
(1)  the office or agency adopts a new written policy governing the application of this chapter to the office or agency; and
(2)  the department approves that policy.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter G. Oversight › Article 18B.302. Report of Expenditures

(a)  The inspector general of the Texas Department of Criminal Justice, the inspector general of the Texas Juvenile Justice Department or the inspector general's designee, or the sheriff or chief of a designated law enforcement agency, as applicable, shall submit to the director of the department a written report of expenditures made by the designated law enforcement office or agency to purchase and maintain a pen register, ESN reader, or similar equipment authorized under this chapter.
(b)  The director of the department shall report the expenditures publicly on an annual basis on the department's Internet website or by other comparable means.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter G. -1. Prospective Location Information › Article 18B.321. Applicability

(a)  This subchapter applies only to a warrant described by Article 18B.322 for the required disclosure of location information that is:
(1)  held in electronic storage in the possession, care, custody, or control of a provider of an electronic communications service or a provider of a remote computing service; and
(2)  created after the issuance of the warrant.
(b)  Articles 18B.355, 18B.356, and 18B.357 apply to a warrant issued under this subchapter in the same manner as those articles apply to a warrant issued under Article 18B.354.
Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 5, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter G. -1. Prospective Location Information › Article 18B.322. Warrant Required for Certain Location Information Held in Electronic Storage

(a)  A warrant is required to obtain the disclosure of location information described by Article 18B.321(a) by a provider of an electronic communications service or a provider of a remote computing service.
(b)  Only a prosecutor or a prosecutor's assistant with jurisdiction in a county within a judicial district described by Article 18B.052(4) may file an application for a warrant under this subchapter.  The application must be supported by the sworn affidavit required by Article 18.01(b).
(c)  The application must be filed with a district judge in the applicable judicial district on:
(1)  the prosecutor's or assistant's own motion; or
(2)  the request of an authorized peace officer of a designated law enforcement office or agency or an authorized peace officer commissioned by the department.
Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 5, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter G. -1. Prospective Location Information › Article 18B.323. Issuance of Warrant

(a)  On the filing of an application for a warrant under this subchapter, a district judge may issue the warrant to obtain the disclosure of location information by a provider described by Article 18B.355(b), regardless of whether the location information is held at a location in this state or another state.
(b)  A warrant may not be issued under this article unless the sworn affidavit required by Article 18.01(b) provides sufficient and substantial facts to establish probable cause that:
(1)  the disclosure of the location information sought will:
(A)  produce evidence of an offense under investigation; or
(B)  result in the apprehension of a fugitive from justice; and
(2)  the location information sought is held in electronic storage in the possession, care, custody, or control of the service provider on which the warrant is served.
Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 5, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter G. -1. Prospective Location Information › Article 18B.324. Duration; Sealing

(a)  A warrant issued under this subchapter is valid for a period not to exceed 60 days after the date the warrant is issued, unless the prosecutor or prosecutor's assistant applies for and obtains an extension of that period from the court before the warrant expires.
(b)  Each extension granted under Subsection (a) may not exceed a period of 60 days.
(c)  A district court that issues a warrant under this subchapter shall order the warrant and the application for the warrant sealed and may not unseal the warrant and application until after the warrant expires.
Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 5, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18B - Installation and Use of Tracking Equipment; Access to Communications › Subchapter G. -1. Prospective Location Information › Article 18B.325. Emergency Disclosure

(a)  An authorized peace officer of a designated law enforcement office or agency or an authorized peace officer commissioned by the department may, without a warrant, require the disclosure of location information described by Article 18B.321(a) if:
(1)  the officer reasonably believes an immediate life-threatening situation exists that:
(A)  is within the officer's territorial jurisdiction; and
(B)  requires the disclosure of the location information before a warrant can, with due diligence, be obtained under this subchapter; and
(2)  there are sufficient grounds under this subchapter on which to obtain a warrant requiring the disclosure of the location information.
(b)  Not later than 48 hours after requiring disclosure of location information without a warrant under Subsection (a), the authorized peace officer shall obtain a warrant for that purpose in accordance with this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 5, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 6, eff. September 1, 2021.