By Hartnett H.B. No. 1001
76R872 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the criminal offense of unlawful
1-3 installation of a tracking device on a motor vehicle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 16, Penal Code, is amended by adding
1-6 Section 16.06 to read as follows:
1-7 Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE. (a)
1-8 In this section:
1-9 (1) "Electronic or mechanical tracking device" means a
1-10 device capable of emitting an electronic frequency or other signal
1-11 that may be used by a person to identify, monitor, or record the
1-12 location of another person or object.
1-13 (2) "Motor vehicle" has the meaning assigned by
1-14 Section 501.002, Transportation Code.
1-15 (b) A person commits an offense if the person knowingly
1-16 installs an electronic or mechanical tracking device on a motor
1-17 vehicle owned by another person.
1-18 (c) An offense under this section is a Class A misdemeanor.
1-19 (d) It is an affirmative defense to prosecution under this
1-20 section that the person:
1-21 (1) obtained the effective consent of the owner of the
1-22 motor vehicle before the electronic or mechanical tracking device
1-23 was installed;
1-24 (2) was a peace officer who installed the device in
2-1 the course of a criminal investigation or pursuant to an order of a
2-2 court to gather information for a law enforcement agency; or
2-3 (3) assisted another who the person reasonably
2-4 believed to be a peace officer authorized to install the device in
2-5 the course of a criminal investigation or pursuant to an order of a
2-6 court to gather information for a law enforcement agency.
2-7 SECTION 2. The heading of Chapter 16, Penal Code, is amended
2-8 to read as follows:
2-9 CHAPTER 16. CRIMINAL INSTRUMENTS, [AND] INTERCEPTION OF WIRE OR
2-10 ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
2-11 SECTION 3. This Act takes effect September 1, 1999.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.