HBA-RBT C.S.H.B. 1001 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1001
By: Hartnett
Criminal Jurisprudence
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is 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 car jacking.   

C.S.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.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 (proposed Section 16.06,
Penal Code) to include a licensed private investigator among those who have
an affirmative defense to this section's prohibition on the installation of
electronic or mechanical tracking devices, if the investigator obtains
written consent to install the device from an owner or lessee of the motor
vehicle, or to enter private residential property if the owner or lessee of
the property gives written consent, or under a court order.