Texas 2011 - 82nd Regular

Texas House Bill HB1457

Filed
 
Out of House Committee
4/21/11  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to interception of wire, oral, or electronic communications for law enforcement purposes.

Impact

This bill significantly impacts Texas law by reorganizing the regulations governing law enforcement's authority to monitor communications. It stipulates that to intercept communications in non-emergency situations, designated agencies must adopt written protocols and obtain approval from the Department of Public Safety. This provision enhances accountability and oversight regarding surveillance activities, which could reassure citizens concerned about privacy rights while also aiming to improve law enforcement efficiency.

Summary

House Bill 1457 aims to amend the Code of Criminal Procedure regarding the interception of wire, oral, or electronic communications specifically for law enforcement purposes. This bill expands the definitions surrounding the roles of law enforcement, introducing terms such as 'chief law enforcement officer' and establishing guidelines for the usage of interception devices. It sets forth that only designated law enforcement agencies, along with the Department of Public Safety, are authorized to engage in these interceptions, thereby formalizing the legal framework for such actions.

Conclusion

Overall, HB1457 represents a significant move to formalize and regulate how law enforcement agencies can intercept communications. By introducing new definitions, establishing necessary approvals, and mandating policies, the bill seeks to balance law enforcement needs with citizens' rights to privacy, but the potential pushback from civil rights advocates indicates that the discourse around surveillance in the digital age is far from settled.

Contention

While the intended effects of HB1457 include increased oversight and reduced abuses of power, there may be notable contentions around its ramifications for individual privacy. Advocates argue that these regulatory measures are essential for preventing unauthorized surveillance and protecting civil liberties. However, opponents may voice concerns that such legislation could hinder law enforcement's ability to swiftly respond to threats, arguing that overly stringent requirements may slow down necessary investigations.

Companion Bills

TX SB687

Identical Relating to interception of wire, oral, or electronic communications for law enforcement purposes.

Similar Bills

TX SB188

Relating to interception of wire, oral, or electronic communications for law enforcement purposes.

TX HB530

Relating to interception of wire, oral, or electronic communications for law enforcement purposes.

TX SB687

Relating to interception of wire, oral, or electronic communications for law enforcement purposes.

TX HB2841

Relating to interception of wire, oral, or electronic communications for law enforcement purposes.

TX HB2931

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX SB1856

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

CA AB304

Wiretapping: authorization.

DE SB91

An Act To Amend Title 11 Of The Delaware Code Relating To Wiretapping And Electronic Surveillance.