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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a warrant to search certain location |
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information purchased by a governmental entity from a data broker |
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or electronic personal data tracker. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.02(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A search warrant may be issued to search for and seize: |
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(1) property acquired by theft or in any other manner |
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which makes its acquisition a penal offense; |
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(2) property specially designed, made, or adapted for |
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or commonly used in the commission of an offense; |
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(3) arms and munitions kept or prepared for the |
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purposes of insurrection or riot; |
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(4) weapons prohibited by the Penal Code; |
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(5) gambling devices or equipment, altered gambling |
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equipment, or gambling paraphernalia; |
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(6) obscene materials kept or prepared for commercial |
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distribution or exhibition, subject to the additional rules set |
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forth by law; |
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(7) a drug, controlled substance, immediate |
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precursor, chemical precursor, or other controlled substance |
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property, including an apparatus or paraphernalia kept, prepared, |
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or manufactured in violation of the laws of this state; |
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(8) any property the possession of which is prohibited |
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by law; |
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(9) implements or instruments used in the commission |
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of a crime; |
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(10) property or items, except the personal writings |
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by the accused, constituting evidence of an offense or constituting |
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evidence tending to show that a particular person committed an |
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offense; |
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(11) persons; |
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(12) contraband subject to forfeiture under Chapter 59 |
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of this code; |
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(13) electronic customer data held in electronic |
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storage, including the contents of and records and other |
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information related to a wire communication or electronic |
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communication held in electronic storage; [or] |
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(14) a cellular telephone or other wireless |
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communications device, subject to Article 18.0215; or |
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(15) location information described by Article |
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18B.372(a). |
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SECTION 2. Article 18B.001, Code of Criminal Procedure, is |
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amended by adding Subdivisions (2-a), (7-a), and (10-a) and |
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amending Subdivision (9-b) to read as follows: |
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(2-a) "Data broker" means a business entity who for |
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compensation collects, processes, or transfers personal data that |
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the entity did not collect directly from the person linked or |
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linkable to the personal data. The term does not include an |
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electronic communications service or a remote computing service. |
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(7-a) "Electronic personal data tracker" means a |
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business entity that directly collects, with or without the user's |
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consent, the personal data of a user of an electronic application or |
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program or a user of an Internet website through the user's |
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interaction with the application, program, or website or an |
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interaction that occurs automatically between the user's device and |
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the application, program, or website. The term includes a third |
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party who collects the personal data of the user under an agreement |
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with the business entity, regardless of whether the third party |
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administers or maintains the application, program, or website. |
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(9-b) "Location information" means data, records, or |
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other information that: |
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(A) is created by or accessible to a provider of |
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an electronic communications service, [or] a provider of a remote |
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computing service, a data broker, or an electronic personal data |
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tracker; and |
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(B) may be used to identify the previous or |
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current geographic physical location of a communication device, |
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including the [current,] real-time[,] or prospective geographic |
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physical location of a communication device. |
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(10-a) "Personal data" means any information that is |
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linked or reasonably linkable to an identified or identifiable |
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person. The term includes: |
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(A) pseudonymous data when the information is |
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used by a controller or processor in conjunction with additional |
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information that reasonably links the information to an identified |
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or identifiable person; and |
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(B) location information. |
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SECTION 3. The heading to Subchapter G-1, Chapter 18B, Code |
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of Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER G-1. REQUIRED DISCLOSURE OF PROSPECTIVE LOCATION |
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INFORMATION |
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SECTION 4. Chapter 18B, Code of Criminal Procedure, is |
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amended by adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. SEARCH OF CERTAIN PROSPECTIVE OR HISTORICAL |
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LOCATION INFORMATION PURCHASED FROM DATA BROKER OR ELECTRONIC |
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PERSONAL DATA TRACKER |
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Art. 18B.371. DEFINITIONS. In this subchapter: |
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(1) "Governmental entity" means: |
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(A) an agency, department, commission, bureau, |
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board, office, council, or other entity that is in any branch of |
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state government and that is created by the constitution or a |
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statute of this state, including a university system or an |
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institution of higher education as defined by Section 61.003, |
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Education Code; |
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(B) a political subdivision of this state, |
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including a municipality, county, or special-purpose district or |
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authority; or |
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(C) a federal agency. |
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(2) "Purchase" includes access to location |
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information obtained by the exchange of anything of value. |
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Art. 18B.372. WARRANT REQUIRED FOR SEARCH OF CERTAIN |
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LOCATION INFORMATION PURCHASED FROM DATA BROKER OR ELECTRONIC |
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PERSONAL DATA TRACKER. (a) A governmental entity that has |
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purchased location information from a data broker or an electronic |
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personal data tracker may not search that location information |
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without first obtaining a warrant under this subchapter if any of |
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the location information may relate to a United States citizen. |
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(b) Subsection (a) applies to the search of location |
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information described by that subsection, regardless of whether the |
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location information is created before or after the issuance of the |
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warrant. |
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(c) An authorized peace officer may file an application for |
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a warrant under this subchapter with a district judge in the |
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judicial district in which the peace officer's employing law |
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enforcement agency is headquartered. |
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(d) The application must be supported by the sworn affidavit |
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required by Article 18.01(b). |
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Art. 18B.373. ISSUANCE OF WARRANT. (a) On the filing of an |
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application for a warrant under this subchapter, a district judge |
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may issue the warrant permitting an authorized peace officer to |
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search location information described by Article 18B.372(a). |
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(b) A warrant may not be issued under this article unless |
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the sworn affidavit required by Article 18.01(b) provides |
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sufficient and substantial facts to establish probable cause that |
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the search of the location information will: |
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(1) produce evidence of an offense under |
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investigation; or |
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(2) result in the apprehension of a fugitive from |
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justice. |
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Art. 18B.374. DURATION AND SEALING FOR PROSPECTIVE LOCATION |
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INFORMATION. (a) If a search for which a warrant is required under |
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this subchapter may involve location information created after the |
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issuance of the warrant, the warrant expires not later than the 60th |
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day after the date the warrant was issued, unless the district judge |
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provides a shorter expiration period. |
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(b) The authorized peace officer may apply for and obtain an |
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extension of the expiration period described by Subsection (a) from |
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the court before the warrant expires. Each extension granted under |
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this subsection may not exceed a period of 60 days. |
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(c) Article 18.011 does not apply to an affidavit presented |
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under Article 18.01(b) for the issuance of a warrant under this |
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subchapter. A district court that issues a warrant described by |
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Subsection (a) shall order the warrant and the application for the |
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warrant sealed and may not unseal the warrant and application until |
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after the warrant expires. |
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Art. 18B.375. CERTAIN EVIDENCE NOT ADMISSIBLE. The state |
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may not use as evidence in a criminal proceeding any information |
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obtained through the search of location information described by |
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Article 18B.372(a) unless a warrant authorizing the search is |
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obtained under this subchapter before the search is conducted. |
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Art. 18B.376. OTHER REMEDIES FOR VIOLATION OF SUBCHAPTER. |
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A governmental entity that searches location information described |
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by Article 18B.372(a) in violation of this subchapter shall: |
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(1) notify each United States citizen whose location |
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information was included in the results of the search; and |
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(2) for each person described by Subdivision (1), |
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provide to the person a copy of the location information resulting |
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from the search that relates to the person and destroy that location |
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information. |
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SECTION 5. The changes in law made by this Act apply only to |
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a search of location information described by Article 18B.373(a), |
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Code of Criminal Procedure, as added by this Act, that is conducted |
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on or after the effective date of this Act. A search of location |
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information conducted before the effective date of this Act is |
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governed by the law in effect on the date the search was conducted, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |