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.