By Shapleigh S.B. No. 242 77R3230 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prohibition of pretext searches or seizures. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 38, Code of Criminal Procedure, is 1-5 amended by adding Article 38.24 to read as follows: 1-6 Art. 38.24. PRETEXT SEARCHES AND SEIZURES. A pretext search 1-7 or seizure is prohibited under this chapter. A search or seizure 1-8 made by a peace officer is a pretext search or a pretext seizure if 1-9 a reasonable peace officer, under the same circumstances, would not 1-10 have made the search or seizure. 1-11 SECTION 2. This Act applies to a search or seizure made on or 1-12 after the effective date of this Act. 1-13 SECTION 3. This Act takes effect immediately if it receives a 1-14 vote of two-thirds of all the members elected to each house, as 1-15 provided by Section 39, Article III, Texas Constitution. If this 1-16 Act does not receive the vote necessary for immediate effect, this 1-17 Act takes effect September 1, 2001.