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A BILL TO BE ENTITLED
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AN ACT
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relating to the emergency installation and use of a mobile tracking |
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device on a vehicle by an authorized peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 18B, Code of Criminal |
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Procedure, is amended by adding Article 18B.2055 to read as |
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follows: |
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Art. 18B.2055. EMERGENCY INSTALLATION AND USE OF MOBILE |
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TRACKING DEVICE ON VEHICLE. (a) An authorized peace officer may |
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install and use a mobile tracking device on a vehicle without |
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obtaining an order under this subchapter if: |
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(1) the peace officer has probable cause to believe |
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that the vehicle to which, in which, or on which the mobile tracking |
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device is to be attached, placed, or otherwise installed is being |
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used in the commission of an offense: |
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(A) listed in Article 42A.054; or |
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(B) under Section 38.04 or 38.06, Penal Code, |
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that is punishable as a felony; and |
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(2) the installation and use of the mobile tracking |
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device without first obtaining an order under this subchapter is |
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necessary to prevent: |
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(A) the impairment of a criminal investigation; |
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(B) the damage or destruction of property; |
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(C) the death of or bodily injury to a person; or |
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(D) the escape of a person who is a fugitive from |
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justice for a felony. |
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(b) Not later than 72 hours after the time the mobile |
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tracking device is attached, placed, or otherwise installed on the |
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vehicle, the authorized peace officer shall obtain an order under |
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this subchapter from a district judge with jurisdiction over the |
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site of the vehicle the movement of which is being tracked by the |
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device. An application for an order required by this subsection |
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must provide one or more reasons as prescribed by Subsection (a)(2) |
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for the necessity of installing and using a mobile tracking device |
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without first obtaining an order under this subchapter. |
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(c) The authorized peace officer may designate another |
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authorized peace officer to obtain the order under Subsection (b) |
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on behalf of the authorized peace officer who attached, placed, or |
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otherwise installed the mobile tracking device. |
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(d) The judge may issue an order authorizing the |
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installation and use of the mobile tracking device during the |
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72-hour period prescribed by Subsection (b) if the judge finds |
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that: |
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(1) the vehicle is being used for the commission of an |
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offense described by Subsection (a)(1); and |
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(2) the installation and use of the mobile tracking |
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device without first obtaining an order under this subchapter was |
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necessary for a reason prescribed by Subsection (a)(2). |
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(e) If the application for the order is denied or the order |
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is not issued within the 72-hour period prescribed by Subsection |
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(b): |
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(1) the authorized peace officer shall terminate the |
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use of the mobile tracking device on the earlier of the denial of |
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the application or the expiration of the 72-hour period; and |
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(2) the state may not use as evidence in a criminal |
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proceeding any information obtained through the use of the mobile |
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tracking device. |
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SECTION 2. The changes in law made by this Act apply only to |
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the installation and use of a mobile tracking device by an |
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authorized peace officer on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |