By Keel, Hinojosa H.B. No. 234
76R2134 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to making certain affidavits required for the issuance of
1-3 search warrants available for public inspection.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 18.01(b), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (b) No search warrant shall issue for any purpose in this
1-8 state unless sufficient facts are first presented to satisfy the
1-9 issuing magistrate that probable cause does in fact exist for its
1-10 issuance. A sworn affidavit setting forth substantial facts
1-11 establishing probable cause shall be filed in every instance in
1-12 which a search warrant is requested. The affidavit is public
1-13 information if executed, and the magistrate's clerk shall make a
1-14 copy of the affidavit available for public inspection in the
1-15 clerk's office during normal business hours.
1-16 SECTION 2. The importance of this legislation and the
1-17 crowded condition of the calendars in both houses create an
1-18 emergency and an imperative public necessity that the
1-19 constitutional rule requiring bills to be read on three several
1-20 days in each house be suspended, and this rule is hereby suspended,
1-21 and that this Act take effect and be in force from and after its
1-22 passage, and it is so enacted.