S.B. No. 1349
                                        AN ACT
    1-1  relating to subsequent evidentiary search warrants.
    1-3        SECTION 1.  Subsections (c), (d), and (i), Article 18.01,
    1-4  Code of Criminal Procedure, are amended to read as follows:
    1-5        (c)  A search warrant may not be issued pursuant to
    1-6  Subdivision (10) of Article 18.02 of this code unless the sworn
    1-7  affidavit required by Subsection (b) of this article sets forth
    1-8  sufficient facts to establish probable cause:  (1) that a specific
    1-9  offense has been committed, (2) that the specifically described
   1-10  property or items that are to be searched for or seized constitute
   1-11  evidence of that offense or evidence that a particular person
   1-12  committed that offense, and (3) that the property or items
   1-13  constituting evidence to be searched for or seized are located at
   1-14  or on the particular person, place, or thing to be searched.
   1-15  Except as provided by Subsections (d) and <Subsection> (i) of this
   1-16  article, only a judge of a municipal court of record who is an
   1-17  attorney licensed by the State of Texas, statutory county court,
   1-18  district court, the Court of Criminal Appeals, or the Supreme Court
   1-19  may issue warrants pursuant to Subdivision (10), Article 18.02 of
   1-20  this code.
   1-21        (d)  Only the specifically described property or items set
   1-22  forth in a search warrant issued under Subdivision (10) of Article
   1-23  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.