This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                



By:  Hinojosa                                                     S.B. No. 1195


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 
search the vehicle unless the peace officer:
		(1)  has probable cause or another legal basis for the 
search; or    
		(2)  obtains on a form that complies with Section 
411.0207, Government Code, the written consent of the operator of 
the vehicle.
	SECTION 2.  Subchapter A, Chapter 411, Government Code, is 
amended by adding Section 411.0207 to read as follows:
	Sec. 411.0207.  GUIDELINES FOR FORMS INDICATING CONSENT TO 
VEHICLE SEARCH.  (a)  The director by rule shall establish 
requirements for a form used to obtain the consent of the operator 
of a motor vehicle under Article 1.06, Code of Criminal Procedure.
	(b)  At a minimum, the rules must require the form to 
contain:        
		(1)  a statement that the operator of the motor vehicle 
fully understands that the operator may refuse to give the peace 
officer consent to search the motor vehicle;
		(2)  a statement that the operator of the motor vehicle 
is freely and voluntarily giving the peace officer consent to 
search the motor vehicle;
		(3)  the time and date of the stop giving rise to the 
search;        
		(4)  a description of the motor vehicle to be searched; 
and          
		(5)  the name of each peace officer conducting the stop 
or search.   
	SECTION 3.  The director of the Department of Public Safety 
of the State of Texas shall adopt the rules required by Section 
411.0207, Government Code, as added by this Act, not later than 
December 1, 2005.
	SECTION 4.  (a)  Except as provided by Subsection (b) of 
this section, this Act takes effect September 1, 2005.
	(b)  Article 1.06, Code of Criminal Procedure, as amended by 
this Act, takes effect January 1, 2006.