By Combs H.B. No. 1901 Substitute the following for H.B. No. 1901: By Greenberg C.S.H.B. No. 1901 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to subsequent evidentiary search warrants. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 18.01, Code of Criminal Procedure, is 1-5 amended by amending Subsections (c) and (d) to read as follows: 1-6 (c) A search warrant may not be issued pursuant to 1-7 Subdivision (10) of Article 18.02 of this code unless the sworn 1-8 affidavit required by Subsection (b) of this article sets forth 1-9 sufficient facts to establish probable cause: (1) that a specific 1-10 offense has been committed, (2) that the specifically described 1-11 property or items that are to be searched for or seized constitute 1-12 evidence of that offense or evidence that a particular person 1-13 committed that offense, and (3) that the property or items 1-14 constituting evidence to be searched for or seized are located at 1-15 or on the particular person, place, or thing to be searched. Except 1-16 as provided by Subsections (Subsection) (d) and (i) of this 1-17 article, only a judge of a municipal court of record who is an 1-18 attorney licensed by the State of Texas, statutory county court, 1-19 district court, the Court of Criminal Appeals, or the Supreme Court 1-20 may issue warrants pursuant to Subdivision (10), Article 18.02 of 1-21 this code. 1-22 (d) Only the specifically described property or items set 1-23 forth in a search warrant issued under Subdivision (10) of Article 1-24 18.02 of this code or property or items enumerated in Subdivisions 2-1 (1) through (9) of Article 18.02 of this code may be seized. A 2-2 subsequent (Subsequent) search warrant (warrants) may (not) be 2-3 issued pursuant to Subdivision (10) of Article 18.02 of this code 2-4 to search the same person, place, or thing subjected to a prior 2-5 search under Subdivision (10) of Article 18.02 of this code only if 2-6 the subsequent search warrant is issued by a judge of a district 2-7 court, a court of appeals, the court of criminal appeals, or the 2-8 supreme court. 2-9 (i) In a county in which the only judge serving the county 2-10 who is a licensed attorney is a district judge whose district 2-11 includes more than one county, any magistrate may issue a search 2-12 warrant under Subdivision (10) or Subdivision (12) of Article 18.02 2-13 of this code. This section is not applicable to a subsequent 2-14 search warrant under Subdivision (10) of Article 18.02 of this 2-15 Code. 2-16 SECTION 2. The change in law made by this Act applies 2-17 regardless of whether a search warrant under Subdivision (10), 2-18 Article 18.02, Code of Criminal Procedure, was issued before, on, 2-19 or after the effective date of this Act. 2-20 SECTION 3. This Act takes effect September 1, 1995. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.