88R18978 SHH-F
 
  By: Vasut H.B. No. 779
 
  Substitute the following for H.B. No. 779:
 
  By:  Moody C.S.H.B. No. 779
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of certain search warrants by statutory
  county court judges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.01(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  Only the specifically described property or items set
  forth in a search warrant issued under Article 18.02(a)(10) or
  property, items or contraband enumerated in Article 18.02(a)(1),
  (2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized.  A
  subsequent search warrant may be issued pursuant to Article
  18.02(a)(10) to search the same person, place, or thing subjected
  to a prior search under Article 18.02(a)(10) only if the subsequent
  search warrant is issued by a judge of a statutory county court, a
  district court, a court of appeals, the court of criminal appeals,
  or the supreme court.
         SECTION 2.  Article 18.0215(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  A warrant under this article may be issued only by a
  judge, including a judge of a statutory county court, in the same
  judicial district as the site of:
               (1)  the law enforcement agency that employs the peace
  officer, if the cellular telephone or other wireless communications
  device is in the officer's possession; or
               (2)  the likely location of the telephone or device.
         SECTION 3.  The changes in law made by this Act apply only to
  a search warrant 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 4.  This Act takes effect September 1, 2023.