By Delisi                                             H.B. No. 2313
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the application for or issuance of search warrants by
    1-3  means of an electronic or electromagnetic facsimile device.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 18, Code of Criminal Procedure, is
    1-6  amended by adding Article 18.011 to read as follows:
    1-7        Art. 18.011.  APPLYING FOR OR ISSUING SEARCH WARRANT BY
    1-8  FACSIMILE DEVICE.  (a)  A magistrate may accept a sworn affidavit
    1-9  transmitted from a peace officer to the magistrate by electronic or
   1-10  electromagnetic facsimile device if:
   1-11              (1)  the magistrate orally administers to the peace
   1-12  officer the oath required for the sworn affidavit under Article
   1-13  18.01 of this code; and
   1-14              (2)  the transmitted affidavit is signed by the peace
   1-15  officer.
   1-16        (b)  A peace officer who transmits a sworn affidavit to a
   1-17  magistrate by electronic or electromagnetic facsimile device under
   1-18  Subsection (a) of this article shall deliver the original sworn
   1-19  affidavit to the magistrate when the officer makes return of the
   1-20  search warrant under Article 18.10 of this code.
   1-21        (c)  A magistrate may transmit to a peace officer by
   1-22  electronic or electromagnetic facsimile device a search warrant
   1-23  issued by the magistrate.  Transmission of the signed search
   1-24  warrant to a peace officer by electronic or electromagnetic
    2-1  facsimile device is proof that the warrant was signed by the
    2-2  magistrate.
    2-3        (d)  A search warrant issued and transmitted pursuant to this
    2-4  article shall have the same force and effect as an original warrant
    2-5  issued by a magistrate and delivered by hand to a peace officer.
    2-6        (e)  The Office of Court Administration of the Texas Judicial
    2-7  System shall adopt standards for the paper quality and durability
    2-8  of information transmitted by an electronic or electromagnetic
    2-9  facsimile device.
   2-10        SECTION 2.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.