84R7486 MAW-F
 
  By: Burkett, Wu, Sheets H.B. No. 1166
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to sworn statements and other documentation provided to
  support the issuance of a search warrant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.01(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)(1)  No search warrant shall issue for any purpose in this
  state unless sufficient facts are first presented to satisfy the
  issuing magistrate that probable cause does in fact exist for its
  issuance. A sworn affidavit setting forth substantial facts
  establishing probable cause shall be provided [filed] in every
  instance in which a search warrant is requested.
               (2)  For purposes of this article, a magistrate may
  accept a sworn statement that is provided by telephone or other
  means of wire or electronic communication. The magistrate shall
  administer an oath to the person providing the statement. The
  magistrate or the magistrate's designee shall:
                     (A)  electronically record any statement
  communicated orally under this subdivision; and 
                     (B)  promptly transcribe and preserve a written
  copy of that oral statement.
               (3)  A magistrate may accept, by facsimile or e-mail or
  other electronic transmission, a copy of the sworn affidavit or
  other documentation in support of the issuance of a search warrant.
               (4)  Except as provided by Article 18.011, the sworn 
  affidavit is public information if executed, and the magistrate's
  clerk shall make a copy of the affidavit available for public
  inspection in the clerk's office during normal business hours.
         SECTION 2.  The change in law made by this Act applies only
  to a search warrant that is issued on or after the effective date of
  this Act. A search warrant issued before the effective date of this
  Act is governed by the law in effect on the date the warrant was
  issued, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.