BILL ANALYSIS

 

 

 

S.B. 993

By: Nichols

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Comptroller of Public Accounts Criminal Investigation Division (CID) is charged with enforcing Texas tax laws and deterring tax fraud, which often involve investigations into organized criminal enterprises that transport and resell stolen fuel, for which CID agents use mobile tracking devices to follow suspect vehicles and uncover criminal networks. However, the bill sponsor has informed the committee that these CID peace officers are not currently authorized by statute to apply directly to a district court for a warrant to install and use mobile tracking devices and that they must instead rely on other local or state law enforcement agencies that do have that authority, which delays investigations, diverts other law enforcement resources, and potentially weakens warrant applications, as CID officers are the subject matter experts in these complex financial and fuel fraud cases. S.B. 993 seeks to allow CID officers to act quickly without relying on other agencies and to enhance the state's ability to disrupt fuel theft rings and enforce motor fuel tax laws by authorizing a peace officer commissioned by the comptroller to apply for an order authorizing the installation and use of a mobile tracking device.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 993 amends the Code of Criminal Procedure to authorize a district judge to issue an order for the installation and use of a mobile tracking device on the application of a peace officer commissioned by the comptroller of public accounts.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.