| TO: | Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence |
| FROM: | Ursula Parks, Director, Legislative Budget Board |
| IN RE: | HB530 by Fletcher (Relating to interception of wire, oral, or electronic communications for law enforcement purposes.), As Introduced |
The bill would amend the Code of Criminal Procedure to authorize a chief law enforcement
officer of a designated law enforcement agency to engage in the interception of a wire, oral or
electronic communication for law enforcement purposes in a situation that is not immediately lifethreatening.
The bill would require prior approval by the Department of Public Safety (DPS) of a local law
enforcement agency's written policy detailing the protocols for intercepting wire, oral or
electronic communications. The bill would authorize DPS to audit a designated law enforcement
agency to ensure compliance with monitoring guidelines. The bill would require completion of a
minimum of 16 hours of training pertaining to the interception of communications for any peace
officer engaged in operating or monitoring the interception of a wire, oral or electronic
communication. The bill would clarify several definitions in Article 18.20, including the initial
period of interception and who qualifies as a prosecutor or director. This analysis assumes DPS
could implement the provisions of the bill within existing appropriations.
The bill would take effect September 1, 2013.
According to Texas Association of Counties, Harris County reported no fiscal impact associated with the bill. Brazoria County reported no fiscal impact because the costs to run a pen register or wire are prohibitively expensive for an agency of their size.
Texas Municipal League reported that there could be some minor costs associated with the bill but that costs to cities would not be significant.
| Source Agencies: | 405 Department of Public Safety, 407 Commission on Law Enforcement Officer Standards and Education
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| LBB Staff: | UP, ESi, AI, KKR
|