Texas 2023 - 88th Regular

Texas House Bill HB4906

Filed
3/10/23  
Out of House Committee
4/21/23  
Voted on by House
5/2/23  
Out of Senate Committee
5/17/23  
Voted on by Senate
5/18/23  
Governor Action
6/14/23  

Caption

Relating to the installation and use of tracking equipment and access to certain communications by certain peace officers.

Impact

The proposed changes would significantly enhance the capabilities of educational peace officers by explicitly authorizing them to apply for search warrants involving electronic evidence. This adjustment is expected to improve law enforcement's ability to respond to incidents that occur within educational environments or impact students and staff. By clarifying the legal framework, the bill aims to ensure that law enforcement officers have the necessary tools to effectively combat crime in schools, which has garnered support from various law enforcement advocates, including the Combined Law Enforcement Associations of Texas (CLEAT).

Summary

House Bill 4906 introduces a technical amendment to the Texas Code of Criminal Procedure aimed at extending the authority of certain peace officers employed by educational institutions to apply for search warrants. The bill addresses a prior oversight that excluded these officers from the list of individuals authorized to seek warrants for specific types of electronic evidence, which could encompass tracking equipment and communication data. This change facilitates more effective law enforcement operations within educational contexts, allowing commissioned officers at schools, universities, and state educational institutions to perform their duties without ambiguity regarding their legal authority.

Sentiment

The general sentiment surrounding HB 4906 appears to be positive, particularly among law enforcement officials and organizations advocating for the bill. Proponents argue that it addresses a critical gap in the law that could hinder effective policing in educational settings. Testimonies from various stakeholders, including police chiefs and representatives from law enforcement organizations, emphasized the necessity of this amendment for ensuring the safety and security of educational institutions. However, there may be some concerns regarding the balance of authority between law enforcement and educational entities that warrant attention during further discussions.

Contention

While HB 4906 is primarily framed as a technical clarification, potential points of contention may arise concerning the breadth of authority granted to peace officers within educational institutions. Critics could argue that expanding the power of these officers to access electronic evidence must be accompanied by strict guidelines and oversight to prevent potential abuses. Additionally, discussions may surface about the implications for student privacy and how the use of tracking equipment and communications data is monitored within school environments.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 18. Search Warrants
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 493. Texas Department Of Criminal Justice: Organization
    • Section: 019
    • Section: 019
  • Chapter 402. Attorney General
    • Section: 009
    • Section: 009

Education Code

  • Chapter 37. Discipline; Law And Order
    • Section: New Section
    • Section: New Section
  • Chapter 51. Provisions Generally Applicable To Higher Education
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2401

Similar Relating to the definition of authorized peace officer for purposes of certain laws governing the installation and use of tracking equipment and access to certain communications.

Similar Bills

No similar bills found.