reglab/statecodes huggingface dataset:
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.326. Certain Evidence Not Admissible

The state may not use as evidence in a criminal proceeding any information obtained through the required disclosure of location information described by Article 18B.321(a), unless:
(1)  a warrant is obtained before requiring the disclosure; or
(2)  if the disclosure is required under Article 18B.325 before a warrant can be obtained, the authorized peace officer who required the disclosure obtains a warrant as required by Subsection (b) of that article.
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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.351. Government Access to Electronic Customer Data

(a)  An authorized peace officer may require a provider of an electronic communications service or a provider of a remote computing service to disclose electronic customer data that is in electronic storage by obtaining a warrant under Article 18B.354.
(b)  An authorized peace officer may require a provider of an electronic communications service or a provider of a remote computing service to disclose only electronic customer data that is information revealing the identity of customers of the applicable service or information about a customer's use of the applicable service, without giving the subscriber or customer notice:
(1)  by obtaining an administrative subpoena authorized by statute;
(2)  by obtaining a grand jury subpoena;
(3)  by obtaining a court order under Article 18B.352;
(4)  by obtaining a warrant under Article 18B.354;
(5)  by obtaining the consent of the subscriber or customer to the disclosure of the data; or
(6)  as otherwise permitted by applicable federal law.
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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.352. Court Order for Government Access to Stored Customer Data

(a)  A court shall issue an order authorizing disclosure of contents, records, or other information of a wire or electronic communication held in electronic storage if the court determines that there is a reasonable belief that the information sought is relevant to a legitimate law enforcement inquiry.
(b)  A court may grant a motion by the service provider to quash or modify the order issued under Subsection (a) if the court determines that:
(1)  the information or records requested are unusually voluminous; or
(2)  compliance with the order would cause an undue burden on the 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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.353. Warrant Issued in This State: Applicability

Articles 18B.354-18B.357 apply to a warrant required under Article 18B.351 to obtain electronic customer data, including the contents of a wire or electronic 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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.354. Warrant Issued in This State: Application and Issuance of Warrant

(a)  On the filing of an application by an authorized peace officer, a district judge may issue a search warrant under this article for electronic customer data held in electronic storage, including the contents of and records and other information related to a wire or electronic communication held in electronic storage, by a provider of an electronic communications service or a provider of a remote computing service described by Article 18B.355(b), regardless of whether the customer data is held at a location in this state or another state.  An application made under this subsection must demonstrate probable cause for the issuance of the warrant and must be supported by the oath of the authorized peace officer.
(b)  A search 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)  a specific offense has been committed; and
(2)  the electronic customer data sought:
(A)  constitutes evidence of that offense or evidence that a particular person committed that offense; and
(B)  is held in electronic storage by the service provider on which the warrant is served under Article 18B.355(c).
(c)  Only the electronic customer data described in the sworn affidavit required by Article 18.01(b) may be seized under the warrant.
(d)  A warrant issued under this article shall run in the name of "The State of Texas."
(e)  Article 18.011 applies to an affidavit presented under Article 18.01(b) for the issuance of a warrant under this article, and the affidavit may be sealed in the manner provided by that article.
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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.355. Warrant Issued in This State: Execution of Warrant

(a)  Not later than the 11th day after the date of issuance, an authorized peace officer shall execute a warrant issued under Article 18B.354, except that the peace officer shall execute the warrant within a shorter period if the district judge directs a shorter period in the warrant.  For purposes of this subsection, a warrant is executed when the warrant is served in the manner described by Subsection (c).
(b)  A warrant issued under Article 18B.354 may be served only on a provider of an electronic communications service or a provider of a remote computing service that is a domestic entity or a company or entity otherwise doing business in this state under a contract or a terms of service agreement with a resident of this state, if any part of that contract or agreement is to be performed in this state.
(c)  A search warrant issued under Article 18B.354 is served when an authorized peace officer delivers the warrant by hand, by facsimile transmission, or, in a manner allowing proof of delivery, by means of the United States mail or a private delivery service to:
(1)  a person specified by Section 5.255, Business Organizations Code;
(2)  the secretary of state in the case of a company or entity to which Section 5.251, Business Organizations Code, applies; or
(3)  any other person or entity designated to receive the service of process.
(d)  The district judge shall hear and decide any motion to quash the warrant not later than the fifth business day after the date the service provider files the motion. The judge may allow the service provider to appear at the hearing by teleconference.
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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.357. Warrant Issued in This State: Authentication of Records by Service Provider

If an authorized peace officer serving a warrant under Article 18B.355 also delivers an affidavit form to the provider of an electronic communications service or the provider of a remote computing service responding to the warrant, and the peace officer also notifies the service provider in writing that an executed affidavit is required, the service provider shall verify the authenticity of the customer data, contents of communications, and other information produced in compliance with the warrant by including with the information an affidavit form that:
(1)  is completed and sworn to by a person who is a custodian of the information or a person otherwise qualified to attest to the authenticity of the information; and
(2)  states that the information was stored in the course of regularly conducted business of the service provider and specifies whether the regular practice of the service provider is to store that information.
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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.358. Warrant Issued in Another State

Any domestic entity that provides electronic communications services or remote computing services to the public shall comply with a warrant issued in another state and seeking information described by Article 18B.354(a), if the warrant is served on the entity in a manner equivalent to the service of process requirements provided by Article 18B.355(b).
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 H. Access to Stored Communications and Other Stored Customer Data › Article 18B.359. Government Access to Certain Stored Customer Data Without Legal Process

(a)  A provider of a telephonic communications service shall disclose to an authorized peace officer, without legal process, subscriber listing information, including name, address, and telephone number or similar access code:
(1)  that the service provider provides to others in the course of providing publicly available directory or similar assistance; or
(2)  that is solely for use in the dispatch of emergency vehicles and personnel responding to a distress call directed to an emergency dispatch system or when the information is reasonably necessary to aid in the dispatching of emergency vehicles and personnel for the immediate prevention of death, personal injury, or destruction of property.
(b)  A provider of a telephonic communications service shall provide to an authorized peace officer the name of the subscriber of record whose published telephone number is provided to the service provider by an authorized peace officer.
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 I. Backup Preservation of Electronic Customer Data › Article 18B.401. Backup Preservation of Electronic Customer Data

(a)  A subpoena or court order under Article 18B.351(b) for disclosure of certain electronic customer data held in electronic storage by a provider of an electronic communications service or a provider of a remote computing service may, for the purpose of preserving the customer data sought by the subpoena or court order, require that service provider to create a copy of that data.
(b)  The service provider shall create the copy within a reasonable period as determined by the court issuing the subpoena or court order.
(c)  On creating a copy under this article, the service provider shall immediately notify the authorized peace officer who presented the subpoena or court order requesting the copy.
(d)  The service provider may not inform the subscriber or customer whose data is being sought that the subpoena or court order has been issued.
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 I. Backup Preservation of Electronic Customer Data › Article 18B.402. Notice to Subscriber or Customer

Not later than the third day after the date of the receipt of the notice under Article 18B.401(c) from the applicable service provider, the authorized peace officer who presented the subpoena or court order requesting the copy shall provide notice of the creation of the copy to the subscriber or customer whose electronic customer data is the subject of the subpoena or court 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 I. Backup Preservation of Electronic Customer Data › Article 18B.403. Release of Copy of Electronic Customer Data

The provider of an electronic communications service or the provider of a remote computing service shall release a copy created under this subchapter to the requesting authorized peace officer not earlier than the 14th day after the date of the peace officer's notice to the subscriber or customer if the service provider has not:
(1)  initiated proceedings to challenge the request of the peace officer for the copy; or
(2)  received notice from the subscriber or customer that the subscriber or customer has initiated proceedings to challenge the request.
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 I. Backup Preservation of Electronic Customer Data › Article 18B.404. Destruction of Copy of Electronic Customer Data

The provider of an electronic communications service or the provider of a remote computing service may not destroy or permit the destruction of a copy created under this subchapter until the later of:
(1)  the delivery of electronic customer data to the applicable law enforcement agency; or
(2)  the resolution of any court proceedings, including appeals of any proceedings, relating to the subpoena or court order requesting the creation of the copy.
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 I. Backup Preservation of Electronic Customer Data › Article 18B.405. Request for Copy of Electronic Customer Data by Authorized Peace Officer

(a)  An authorized peace officer who reasonably believes that notice to a subscriber or customer regarding a subpoena or court order would result in the destruction of or tampering with the electronic customer data sought may request the creation of a copy of the data.
(b)  The peace officer's belief is not subject to challenge by the subscriber or customer or by a provider of an electronic communications service or a provider of a remote computing service.
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 I. Backup Preservation of Electronic Customer Data › Article 18B.406. Proceedings to Quash Subpoena or Vacate Court Order

(a)  Not later than the 14th day after the date a subscriber or customer receives notice under Article 18B.402, the subscriber or customer may file a written motion to quash the subpoena or vacate the court order in the court that issued the subpoena or court order.  The motion must contain an affidavit or other sworn statement stating:
(1)  that the applicant is a subscriber or customer of the provider of an electronic communications service or the provider of a remote computing service from which the electronic customer data held in electronic storage for the subscriber or customer has been sought; and
(2)  the applicant's reasons for believing that the customer data sought is not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect.
(b)  The subscriber or customer shall give written notice to the applicable service provider of the challenge to the subpoena or court order.  The authorized peace officer requesting the subpoena or court order must be served a copy of the filed papers by personal delivery or by registered or certified mail.
(c)  The court shall order the authorized peace officer to file a sworn response to the motion filed by the subscriber or customer if the court determines that the subscriber or customer has complied with the requirements of Subsections (a) and (b).  On request of the peace officer, the court may permit the response to be filed in camera.  The court may conduct any additional proceedings the court considers appropriate if the court is unable to make a determination on the motion on the basis of the parties' initial allegations and response.
(d)  The court shall rule on the motion as soon as practicable after the filing of the peace officer's response.  The court shall deny the motion if the court finds that the applicant is not the subscriber or customer whose data is the subject of the subpoena or court order or that there is reason to believe that the peace officer's inquiry is legitimate and that the data sought is relevant to that inquiry.  The court shall quash the subpoena or vacate the court order if the court finds that the applicant is the subscriber or customer whose data is the subject of the subpoena or court order and that there is not a reason to believe that the data is relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter.
(e)  A court order denying a motion or application under this article is not a final order, and an interlocutory appeal may not be taken from the denial.
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 J. Production of Certain Business Records › Article 18B.451. Subpoena Authority

The director of the department or the director's designee, 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 may issue an administrative subpoena to a communication common carrier or a provider of an electronic communications service to compel the production of any carrier's or service provider's business records that:
(1)  disclose information about:
(A)  the carrier's or service provider's customers; or
(B)  users of the services offered by the carrier or service provider; and
(2)  are material to a criminal investigation.
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. 5, 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 J. Production of Certain Business Records › Article 18B.452. Report of Issuance of Subpoena

Not later than the 30th day after the date on which an administrative subpoena is issued under Article 18B.451, 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 report to the department the issuance of the subpoena.
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. 6, 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 J. Production of Certain Business Records › Article 18B.453. Compliance With Policy for Installation and Use of Equipment

(a)  If, based on a report received under Article 18B.452, the department determines that a 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.
(b)  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 this article, 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 K. Service Provider Powers and Duties › Article 18B.501. Preclusion of Notification

(a)  An authorized peace officer seeking electronic customer data under Article 18B.351 may apply to the court for an order commanding the service provider to whom a warrant, subpoena, or court order is directed not to disclose to any person the existence of the warrant, subpoena, or court order.  The order is effective for the period the court considers appropriate.
(b)  The court shall enter the order if the court determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will have an adverse result.
(c)  In this article, an "adverse result" means:
(1)  endangering the life or physical safety of an individual;
(2)  flight from prosecution;
(3)  destruction of or tampering with evidence;
(4)  intimidation of a potential witness; or
(5)  otherwise seriously jeopardizing an investigation or unduly delaying a trial.
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 K. Service Provider Powers and Duties › Article 18B.502. Disclosure by Service Provider Prohibited

(a)  Except as provided by Subsection (c), a provider of an electronic communications service may not knowingly divulge the contents of a communication that is in electronic storage.
(b)  Except as provided by Subsection (c), a provider of a remote computing service may not knowingly divulge the contents of a communication that:
(1)  is in electronic storage on behalf of a subscriber or customer of the service provider;
(2)  is received by means of electronic transmission from the subscriber or customer or created by means of computer processing of communications received by means of electronic transmission from the subscriber or customer; and
(3)  is solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the service provider is not authorized to obtain access to the contents of that communication for purposes of providing any service other than storage or computer processing.
(c)  A provider of an electronic communications service or a provider of a remote computing service may disclose the contents of an electronically stored communication:
(1)  to an intended recipient of the communication or the intended recipient's agent;
(2)  to the addressee or the addressee's agent;
(3)  with the consent of the originator, to the addressee or the intended recipient of the communication, or the subscriber of a remote computing service;
(4)  to a person whose facilities are used to transmit the communication to its destination or the person's employee or authorized representative;
(5)  as may be necessary to provide the service or to protect the property or rights of the service provider;
(6)  to a law enforcement agency if the contents were obtained inadvertently by the service provider and the contents appear to pertain to the commission of an offense; or
(7)  as authorized under federal or other state law.
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 K. Service Provider Powers and Duties › Article 18B.503. Reimbursement of Costs

(a)  Except as provided by Subsection (c), an authorized peace officer who obtains electronic customer data under Article 18B.351 or 18B.359 or other information under this chapter shall reimburse the person assembling or providing the data or information for all costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing, or otherwise providing the data or information, including costs arising from necessary disruption of normal operations of a provider of an electronic communications service or a provider of a remote computing service in which the electronic customer data may be held in electronic storage or in which the other information may be stored.
(b)  The authorized peace officer and the person providing the electronic customer data or other information may agree on the amount of reimbursement.  If there is not an agreement, the court that issued the order for production of the data or information shall determine the amount.  If a court order was not issued for production of the data or information, the court before which any criminal prosecution relating to the data or information would be brought shall determine the amount.
(c)  Subsection (a) does not apply to records or other information that is maintained by a communication common carrier and that relates to telephone toll records or telephone listings obtained under Article 18B.359(a), unless the court determines that:
(1)  the amount of information required was unusually voluminous; or
(2)  an undue burden was imposed on the 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 L. Remedies › Article 18B.551. Cause of Action

(a)  Except as provided by Article 18B.552, a provider of an electronic communications service or a provider of a remote computing service, or a subscriber or customer of that service provider, that is aggrieved by a violation of this chapter has a civil cause of action if the conduct constituting the violation was committed knowingly or intentionally and is entitled to:
(1)  injunctive relief;
(2)  reasonable attorney's fees and other litigation costs reasonably incurred; and
(3)  the amount of the actual damages suffered and any profits made by the violator as a result of the violation or $1,000, whichever is more.
(b)  The reliance in good faith on a court order, warrant, subpoena, or legislative authorization is a complete defense to any civil action brought under this chapter.
(c)  A civil action under this article may be presented not later than the second anniversary of the date the claimant first discovered or had reasonable opportunity to discover the violation.
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 L. Remedies › Article 18B.552. No Cause of Action

A subscriber or customer of a provider of an electronic communications service or a provider of a remote computing service does not have a cause of action against a service provider or the service provider's officers, employees, or agents or against other specified persons for providing information, facilities, or assistance as required by a court order, warrant, subpoena, or certification under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, 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 L. Remedies › Article 18B.553. Exclusivity of Remedies

The remedies and sanctions under this chapter are the exclusive judicial remedies and sanctions for a violation of this chapter, other than a violation that infringes on a right of a party that is guaranteed by a state or federal constitution.
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 19A - Grand Jury Organization › Subchapter A. General Provisions › Article 19A.001. Definitions

In this chapter:
(1)  "Array" means the whole body of persons summoned to serve as grand jurors before the grand jurors have been impaneled.
(2)  "Panel" means the whole body of grand jurors.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter B. Selection and Summons of Prospective Grand Jurors › Article 19A.051. Selection and Summons of Prospective Grand Jurors

(a)  The district judge shall direct that the number of  prospective grand jurors the judge considers necessary to ensure an adequate number of grand jurors under Article 19A.201 be selected and summoned, with return on summons.
(b)  The prospective grand jurors shall be selected and summoned in the same manner as for the selection and summons of panels for the trial of civil cases in the district courts.
(c)  The judge shall test the qualifications for and excuses from service as a grand juror and impanel the completed grand jury as provided by this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter B. Selection and Summons of Prospective Grand Jurors › Article 19A.052. Qualified Persons Summoned

On directing the sheriff or clerk of the district court to summon grand jurors, the court shall instruct the sheriff or clerk of the district court to not summon a person to serve as a grand juror who does not possess the qualifications prescribed by law.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 7.001, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter B. Selection and Summons of Prospective Grand Jurors › Article 19A.053. Additional Qualified Persons Summoned

(a)  If fewer than 16 persons summoned to serve as grand jurors are found to be in attendance and qualified to serve, the court shall order the sheriff or clerk of the district court to summon an additional number of persons considered necessary to constitute a grand jury of 12 grand jurors and four alternate grand jurors.
(b)  The sheriff or clerk of the district court shall summon the additional prospective grand jurors under Subsection (a) in person to attend before the court immediately.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 7.002, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter B. Selection and Summons of Prospective Grand Jurors › Article 19A.054. Failure to Attend

The court, by an order entered on the record, may impose a fine of not less than $100 and not more than $500 on a legally summoned grand juror who fails to attend without a reasonable excuse.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter C. Grand Juror Qualifications; Excuses From Service › Article 19A.101. Grand Juror Qualifications

(a)  A person may be selected or serve as a grand juror only if the person:
(1)  is at least 18 years of age;
(2)  is a citizen of the United States;
(3)  is a resident of this state and of the county in which the person is to serve;
(4)  is qualified under the constitution and other laws to vote in the county in which the grand jury is sitting, regardless of whether the person is registered to vote;
(5)  is of sound mind and good moral character;
(6)  is able to read and write;
(7)  has never been convicted of misdemeanor theft or a felony;
(8)  is not under indictment or other legal accusation for misdemeanor theft or a felony;
(9)  is not related within the third degree by consanguinity or second degree by affinity, as determined under Chapter 573, Government Code, to any person selected to serve or serving on the same grand jury;
(10)  has not served as a grand juror in the year before the date on which the term of court for which the person has been selected as a grand juror begins; and
(11)  is not a complainant in any matter to be heard by the grand jury during the term of court for which the person has been selected as a grand juror.
(b)  On the third business day of each month, the clerk of the district court shall prepare a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's citizenship or indictment or conviction for misdemeanor theft or a felony and send a copy of the list to:
(1)  the secretary of state; and
(2)  the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualification under Subsection (a)(2), (7), or (8).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 7.003, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter C. Grand Juror Qualifications; Excuses From Service › Article 19A.102. Testing Qualifications of Prospective Grand Jurors

(a)  When at least 14 persons summoned to serve as grand jurors are present, the court shall test the qualifications of the prospective grand jurors to serve as grand jurors.
(b)  Before impaneling a grand juror, the court or a person under the direction of the court must interrogate under oath each person who is presented to serve as a grand juror regarding the person's qualifications.
(c)  In testing the qualifications of a person to serve as a grand juror, the court or a person under the direction of the court shall ask:
(1)  "Are you a citizen of this state and county, and qualified to vote in this county, under the constitution and laws of this state?";
(2)  "Are you able to read and write?";
(3)  "Have you ever been convicted of misdemeanor theft or any felony?"; and
(4)  "Are you under indictment or other legal accusation for misdemeanor theft or for any felony?".
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter C. Grand Juror Qualifications; Excuses From Service › Article 19A.103. Qualified Grand Jurors Accepted

If, by the person's answer, it appears to the court that the person is a qualified grand juror, the court shall accept the person as a grand juror unless it is shown that the person:
(1)  is not of sound mind or of good moral character; or
(2)  is in fact not qualified to serve as a grand juror.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter C. Grand Juror Qualifications; Excuses From Service › Article 19A.104. Personal Information Confidential

(a)  Except as provided by Subsection (c), information collected by the court, court personnel, or prosecuting attorney during the grand jury selection process about a person who serves as a grand juror is confidential and may not be disclosed by the court, court personnel, or prosecuting attorney.
(b)  Information that is confidential under Subsection (a) includes a person's:
(1)  home address;
(2)  home telephone number;
(3)  social security number;
(4)  driver's license number; and
(5)  other personal information.
(c)  On a showing of good cause, the court shall permit disclosure of the information sought to a party to the proceeding.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter C. Grand Juror Qualifications; Excuses From Service › Article 19A.105. Excuses From Grand Jury Service

(a)  The court shall excuse from serving any summoned person who does not possess the requisite qualifications.
(b)  The following qualified persons may be excused from grand jury service:
(1)  a person older than 70 years of age;
(2)  a person responsible for the care of a child younger than 18 years of age;
(3)  a student of a public or private secondary school;
(4)  a person enrolled in and in actual attendance at an institution of higher education; and
(5)  any other person the court determines has a reasonable excuse from service.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter D. Challenge to Array or Grand Juror › Article 19A.151. Any Person May Challenge

(a)  Before the grand jury is impaneled, any person may challenge the array of grand jurors or any person presented as a grand juror.  The court may not hear objections to the qualifications and legality of the grand jury in any other way.
(b)  A person confined in jail in the county shall, on the person's request, be brought into court to make a challenge described by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter D. Challenge to Array or Grand Juror › Article 19A.152. Challenge to Array

(a)  A challenge to the array may be made only for the following causes:
(1)  that the persons summoned as grand jurors are not in fact the persons selected by the method provided by Article 19A.051; or
(2)  that the officer who summoned the grand jurors acted corruptly in summoning any grand juror.
(b)  A challenge to the array must be made in writing.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter D. Challenge to Array or Grand Juror › Article 19A.153. Challenge to Grand Juror

(a)  A challenge to a grand juror may be made orally for any of the following causes:
(1)  that the grand juror is insane;
(2)  that the grand juror has a defect in the organs of feeling or hearing, or a bodily or mental defect or disease that renders the grand juror unfit for grand jury service, or that the grand juror is legally blind and the court in its discretion is not satisfied that the grand juror is fit for grand jury service in that particular case;
(3)  that the grand juror is a witness in or a target of an investigation of a grand jury;
(4)  that the grand juror served on a petit jury in a former trial of the same alleged conduct or offense that the grand jury is investigating;
(5)  that the grand juror has a bias or prejudice in favor of or against the person accused or suspected of committing an offense that the grand jury is investigating;
(6)  that from hearsay, or otherwise, there is established in the mind of the grand juror a conclusion as to the guilt or innocence of the person accused or suspected of committing an offense that the grand jury is investigating that would influence the grand juror's vote on the presentment of an indictment;
(7)  that the grand juror is related within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to a person accused or suspected of committing an offense that the grand jury is investigating or to a person who is a victim of an offense that the grand jury is investigating;
(8)  that the grand juror has a bias or prejudice against any phase of the law on which the state is entitled to rely for an indictment;
(9)  that the grand juror is not a qualified grand juror; or
(10)  that the grand juror is the prosecutor on an accusation against the person making the challenge.
(b)  A challenge under Subsection (a)(3) may be made ex parte.  The court shall review and rule on the challenge in an in camera proceeding.  The court shall seal any record of the challenge.
(c)  In this article, "legally blind" has the meaning assigned by Article 35.16(a).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter D. Challenge to Array or Grand Juror › Article 19A.154. Determination of Validity of Challenge

When a person challenges the array or a grand juror, the court shall hear proof and decide in a summary manner whether the challenge is well founded.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter D. Challenge to Array or Grand Juror › Article 19A.155. Additional Prospective Grand Jurors Summoned Following Challenge

(a)  If the court sustains a challenge to the array, the court shall order another grand jury to be summoned.
(b)  If, because of a challenge to any particular grand juror, fewer than 12 grand jurors remain, the court shall order the panel to be completed.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter E. Impaneling of Grand Jury › Article 19A.201. Grand Jury Impaneled

(a)  When at least 16 qualified grand jurors are found to be present, the court shall select 12 fair and impartial persons as grand jurors and 4 additional persons as alternate grand jurors to serve on disqualification or unavailability of a grand juror during the term of the grand jury.  The grand jurors and the alternate grand jurors must be randomly selected from a fair cross section of the population of the area served by the court.
(b)  The court shall impanel the grand jurors and alternate grand jurors, unless a challenge is made to the array or to a particular person presented to serve as a grand juror or an alternate grand juror.
(c)  A grand juror is considered to be impaneled after the grand juror's qualifications have been tested and the grand juror has been sworn.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter E. Impaneling of Grand Jury › Article 19A.202. Oath of Grand Jurors

The court or a person under the direction of the court shall administer the following oath to the grand jurors when the grand jury is completed:  "You solemnly swear that you will diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge; the State's counsel, your fellows and your own, you shall keep secret, unless required to disclose the same in the course of a judicial proceeding in which the truth or falsity of evidence given in the grand jury room, in a criminal case, shall be under investigation.  You shall present no person from envy, hatred or malice;  neither shall you leave any person unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding, so help you God."
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter E. Impaneling of Grand Jury › Article 19A.203. Foreperson

(a) When the grand jury is completed, the court shall appoint one of the grand jurors as foreperson.
(b)  If the foreperson is for any cause absent or unable or disqualified to act, the court shall appoint another grand juror as foreperson.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter E. Impaneling of Grand Jury › Article 19A.204. Court Instructions

The court shall instruct the grand jury regarding the grand jurors' duty.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter F. Organization and Term of Grand Jury › Article 19A.251. Quorum

Nine grand jurors constitute a quorum for the purpose of discharging a duty or exercising a right properly belonging to the grand jury.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.