SRC-AXB H.B. 234 76(R) BILL ANALYSIS Senate Research Center H.B. 234 76R2134 GWK-DBy: Keel (Wentworth) Criminal Justice 4/28/1999 Engrossed DIGEST Currently, a search warrant affidavit is public record upon execution of a warrant. However, some counties have failed to make the records available because of a lack of specificity regarding the venue for record availability. H.B. 234 specifies that the public is entitled to inspect a copy of a search warrant affidavit in the office of the magistrate's clerk during normal business hours. PURPOSE As proposed, H.B. 234 specifies that the public is entitled to inspect a copy of a search warrant affidavit in the office of the magistrate's clerk during normal business hours. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 18.01(b), Code of Criminal Procedure, to provide that a search warrant is public information if executed, and the magistrate's clerk shall make a copy of the affidavit available for public inspection in the clerk's office during normal business hours. SECTION 2. Emergency clause. Effective date: upon passage.