By: Wu, Moody, King of Parker, White H.B. No. 492
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of a warrant authorizing the use of a
  no-knock entry by a peace officer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 15, Code of Criminal Procedure, is
  amended by adding Article 15.251 to read as follows:
         Art. 15.251.  NO-KNOCK WARRANT. (a) In this article,
  "no-knock entry" means a peace officer's entry, for the purpose of
  executing a warrant, into a building or other place without giving
  notice of the officer's authority or purpose before entering.
         (b)  Except as provided by Subsection (c), a magistrate may
  not issue a warrant under this chapter that authorizes a no-knock
  entry.
         (c)  A district court judge or statutory county court judge
  may issue a warrant under this chapter that authorizes a no-knock
  entry only if:
               (1)  the complaint is submitted concurrently with a
  statement, signed by the chief administrator of the law enforcement
  agency employing the affiant or by the chief administrator's
  designee, that a no-knock entry is necessary to avoid the risk of
  death or serious bodily injury to peace officers and to others; and 
               (2)  the warrant requires:
                     (A)  each peace officer executing the warrant to
  be in uniform or otherwise clearly identifiable as a peace officer;
  and
                     (B)  to the extent that the law enforcement agency
  has the technology available, that the agency make a good faith
  effort to have each peace officer executing the warrant be equipped
  with a body worn camera.
         (d)  A person designated by a chief administrator under
  Subsection (c)(1) must be a peace officer who reports directly to
  the chief administrator.
         SECTION 2.  Chapter 18, Code of Criminal Procedure, is
  amended by adding Article 18.025 to read as follows:
         Art. 18.025.  NO-KNOCK WARRANT. (a) In this
  article, "no-knock entry" has the meaning assigned by Article
  15.251.
         (b)  Except as provided by Subsection (c), a magistrate may
  not issue a warrant under this chapter that authorizes a no-knock
  entry.
         (c)  A district court judge or statutory county court judge
  may issue a warrant under this chapter that authorizes a no-knock
  entry only if:
               (1)  the affidavit under Article 18.01(b) is submitted
  concurrently with a statement, signed by the chief administrator of
  the law enforcement agency employing the affiant or by the chief
  administrator's designee, that a no-knock entry is necessary to
  avoid the risk of death or serious bodily injury to peace officers
  and to others; and 
               (2)  the warrant requires:
                     (A)  each peace officer executing the warrant to
  be in uniform or otherwise clearly identifiable as a peace officer;
  and
                     (B)  to the extent that the law enforcement agency
  has the technology available, that the agency make a good faith
  effort to have each peace officer executing the warrant be equipped
  with a body worn camera.
         (d)  A person designated by a chief administrator under
  Subsection (c)(1) must be a peace officer who reports directly to
  the chief administrator.
         SECTION 3.  The change in law made by this Act applies only
  to a warrant issued on or after the effective date of this Act. A
  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 4.  This Act takes effect September 1, 2021.