By Combs, Greenberg                                   H.B. No. 1901
       74R6720 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the issuance of a search warrant for certain property
    1-3  or items.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 18.01(d), Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        (d)  Only the specifically described property or items set
    1-8  forth in a search warrant issued under Subdivision (10) of Article
    1-9  18.02 of this code or property or items enumerated in Subdivisions
   1-10  (1) through (9) of Article 18.02 of this code may be seized.
   1-11  <Subsequent search warrants may not be issued pursuant to
   1-12  Subdivision (10) of Article 18.02 of this code to search the same
   1-13  person, place, or thing subjected to a prior search under
   1-14  Subdivision (10) of Article 18.02 of this code.>
   1-15        SECTION 2.  (a)  The change in law made by this Act applies
   1-16  only to the issuance of a warrant for evidence of an offense
   1-17  committed on or after the effective date of this Act.  For purposes
   1-18  of this section, an offense is committed before the effective date
   1-19  of this Act if any element of the offense occurs before the
   1-20  effective date.
   1-21        (b)  The issuance of a warrant for an offense committed
   1-22  before the effective date of this Act is covered by the law in
   1-23  effect when the offense was committed, and the former law is
   1-24  continued in effect for this purpose.
    2-1        (c)  On and after the effective date of this Act, a warrant
    2-2  may be issued under Article 18.01(d), Code of Criminal Procedure,
    2-3  as amended by this Act, for property or items described by
    2-4  Subdivision (10), Article 18.02, Code of Criminal Procedure,
    2-5  regardless of whether before the effective date of this Act a
    2-6  search warrant was issued under Article 18.01(d) to search the same
    2-7  person, place, or thing.
    2-8        SECTION 3.  This Act takes effect September 1, 1995.
    2-9        SECTION 4.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.