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.