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 B. Application for Interception Order › Article 18A.055. Application for Interception Order

(a)  A prosecutor applying for an interception order must make the application in writing under oath to a judge of competent jurisdiction.
(b)  An application must:
(1)  identify the prosecutor making the application and state the prosecutor's authority to make the application;
(2)  identify the officer requesting the application;
(3)  include a complete statement of the facts and circumstances relied on by the prosecutor to justify the prosecutor's belief that an order should be issued, including:
(A)  details about the particular offense that has been, is being, or is about to be committed;
(B)  except as otherwise provided by this chapter, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
(C)  a particular description of the type of communication sought to be intercepted; and
(D)  the identity of the person, if known, committing the offense and whose communications are to be intercepted;
(4)  include a complete statement as to whether other investigative procedures have been attempted and have failed or why those procedures reasonably appear to be unlikely to succeed or to be too dangerous if attempted;
(5)  include a statement of the period for which the interception is required to be maintained and, if the nature of the investigation indicates that the interception order should not automatically terminate when the described type of communication is first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the described type of communication is obtained;
(6)  include a statement whether a covert entry will be necessary to properly and safely install wiretapping, electronic surveillance, or eavesdropping equipment and, if a covert entry is requested, a statement as to why a covert entry is necessary and proper under the facts of the particular investigation, including a complete statement as to whether other investigative techniques have been attempted and have failed or why those techniques reasonably appear to be unlikely to succeed or to be too dangerous if attempted or are not feasible under the circumstances or exigencies of time;
(7)  include a complete statement of the facts concerning all applications known to the prosecutor that have been previously made to a judge for an interception order involving any persons, facilities, or places specified in the application and of the action taken by the judge on each application;
(8)  if the application is for the extension of an order, include a statement providing the results already obtained from the interception or a reasonable explanation of the failure to obtain results; and
(9)  if the application is made under Article 18A.054, fully explain the circumstances justifying application under that article.
(c)  In an ex parte hearing in chambers, the judge may require additional testimony or documentary evidence to support the application.  The testimony or documentary evidence must be preserved as part of the application.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.