SRC-AXB H.B. 1001 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1001
76R11217  KEL-DBy: Hartnett (West)
Criminal Justice
5/12/1999
Engrossed


DIGEST 

Currently, there is no prohibition against the installation of an
electronic tracking device on a car without the owner's consent.  H.B. 1001
creates a Class A misdemeanor offense for the unlawful installation of a
tracking device on a motor vehicle, and provides exceptions for certain
individuals. 

PURPOSE

As proposed, H.B. 1001 creates a Class A misdemeanor offense for the
unlawful installation of a tracking device on a motor vehicle, and provides
exceptions for certain individuals. 

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 Chapter 16, Penal Code, by adding Section 16.06, as
follows: 

Sec. 16.06.  UNLAWFUL INSTALLATION OF TRACKING DEVICE.  Defines "electronic
or mechanical tracking device" and "motor vehicle."  Creates an offense for
knowingly installing an electronic or mechanical tracking device on a motor
vehicle owned or leased by another person.  Provides that such an offense
is a Class A misdemeanor.  Provides that it is an affirmative defense to
prosecution for persons who obtain consent, are peace officers, assist a
person believed to be a peace officer, or are certain private
investigators. 

SECTION 2.  Amends the heading to Chapter 16, Penal Code, as follows:

CHAPTER 16.  CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL
COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.