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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful installation or use of a tracking device. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 16.06, Penal Code, is |
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amended to read as follows: |
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Sec. 16.06. UNLAWFUL INSTALLATION OR USE OF TRACKING |
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DEVICE. |
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SECTION 2. Section 16.06, Penal Code, is amended by |
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amending Subsections (a), (b), (d), and (e) and adding Subsection |
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(d-1) to read as follows: |
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(a) In this section: |
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(1) "Effective consent" includes consent by a person |
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legally authorized to act on behalf of the person from whom consent |
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is required. Consent is not effective if: |
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(A) induced by deception, coercion, fraud, |
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force, or threat; |
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(B) given by a person the actor knows is not |
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legally authorized to act regarding the matter; or |
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(C) given by a person who by reason of youth, |
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mental illness, intellectual disability, or intoxication is known |
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by the actor to be unable to make reasonable decisions. |
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(2) "Electronic or mechanical tracking device" means a |
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device capable of emitting an electronic frequency or other signal |
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that may be used by a person to identify, monitor, or record the |
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location of another person or object. |
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(3) "Minor" means a person younger than 18 years of |
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age. |
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(4) [(2)] "Motor vehicle" has the meaning assigned by |
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Section 501.002, Transportation Code. |
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(b) A person commits an offense if the person knowingly: |
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(1) installs an electronic or mechanical tracking |
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device on a motor vehicle owned or leased by another person; or |
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(2) uses an electronic or mechanical tracking device |
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to determine the location or movement of another person. |
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(d) It is an affirmative defense to prosecution under this |
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section that the person: |
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(1) obtained the effective consent of: |
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(A) the owner or lessee of the motor vehicle |
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before the electronic or mechanical tracking device was installed |
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as described by Subsection (b)(1); or |
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(B) the person whose location or movement is |
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being tracked as described by Subsection (b)(2); |
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(2) is a parent, guardian, conservator, or legal |
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custodian of a minor and uses an electronic or mechanical tracking |
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device as described by Subsection (b)(2) to track the location or |
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movement of the minor; |
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(3) assisted another whom the person reasonably |
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believed to be a peace officer authorized to install or use the |
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device in the course of a criminal investigation or pursuant to an |
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order of a court to gather information for a law enforcement agency; |
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or |
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(4) [(3)] was a private investigator licensed under |
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Chapter 1702, Occupations Code, who: |
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(A) installed the device as described by |
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Subsection (b)(1)[: |
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[(A)] with written consent: |
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(i) to install the device given by the owner |
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or lessee of the motor vehicle; and |
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(ii) to enter private residential property, |
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if that entry was necessary to install the device, given by the |
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owner or lessee of the property; or |
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(B) installed or used a device pursuant to an |
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order of or other authorization from a court to gather information. |
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(d-1) The affirmative defense described by Subsection |
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(d)(1) is unavailable if the actor uses the electronic or |
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mechanical tracking device for a purpose other than the purpose for |
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which the consent was given. |
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(e) This section does not apply to a peace officer who |
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installed or used the device in the course of a criminal |
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investigation or pursuant to an order of a court to gather |
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information for a law enforcement agency. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |