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79R8665 KCR-F

By:  Dutton                                                       H.B. No. 2418



A BILL TO BE ENTITLED

AN ACT

relating to the authority of peace officers to conduct certain 
searches.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 1.06, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 1.06.  SEARCHES AND SEIZURES.  (a) The people shall be 
secure in their persons, houses, papers and possessions from all 
unreasonable seizures or searches.  No warrant to search any place 
or to seize any person or thing shall issue without describing them 
as near as may be, nor without probable cause supported by oath or 
affirmation.
	(b)  A peace officer who stops a motor vehicle for any 
alleged violation of a law or ordinance regulating traffic may not 
request the operator of the motor vehicle for consent to search the 
vehicle, unless the peace officer has probable cause or another 
legal basis for the search.
	SECTION 2.  This Act takes effect September 1, 2005.