HBA-MPM, RBT H.B. 1001 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1001
By: Hartnett
Criminal Jurisprudence
11/2/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, there was no prohibition against the
installation of an electronic tracking device on a car without the owner's
consent.  Tracking devices allow the surveillance of a vehicle and its
driver from a remote location. As technology becomes increasingly
sophisticated and inexpensive, tracking devices can easily be misused for
improper purposes, including stalking, spying, kidnapping, and carjacking.

H.B. 1001 provides that it is a Class A misdemeanor to knowingly install an
electronic tracking device on a vehicle without the owner's consent.  This
bill allows law enforcement officials to use these devices in the course of
a criminal investigation or with a court order.  This bill also allows
licensed private investigators to use these devices if the investigator
obtains written consent to install the device from an owner or lessee of
the motor vehicle, as well as to enter private residential property if the
owner or lessee of the property gives written consent, or under a court
order. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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."  Provides
that it is a Class A misdemeanor to knowingly install an electronic or
mechanical tracking device on a motor vehicle owned by another person.
Provides an affirmative defense to a person who has obtained the consent of
the motor vehicle owner, to a peace officer who installs a device in the
course of a criminal investigation or pursuant to an order of a court to
gather information for a law enforcement agency,  to a person who
reasonably believed the person was assisting a peace officer authorized to
install the device, or to a private investigator licensed under the Private
Investigators and Private Security Agencies Act (Article 4413(29bb),
V.T.C.S.), if the investigator obtains written consent to install the
device from an owner or lessee of the motor vehicle, as well as to enter
private residential property if the owner or lessee of the property gives
written consent, or under a court order. 
 
SECTION 2.  Amends the heading of Chapter 16, Penal Code, to read 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.