Texas 2013 83rd Regular

Texas House Bill HB1608 House Committee Report / Fiscal Note

Filed 02/01/2025

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                    LEGISLATIVE BUDGET BOARD    Austin, Texas      FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION            April 23, 2013      TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence      FROM: Ursula Parks, Director, Legislative Budget Board     IN RE:HB1608 by Hughes (Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.), Committee Report 1st House, Substituted    No significant fiscal implication to the State is anticipated.  The bill would amend the Code of Criminal Procedure to allow a law enforcement agency to apply for a warrant to obtain location information. The bill defines location information as information that concerns the location of a cell phone or other wireless communication device that is wholly or partly generated or derived from the operation of the device. A district judge would be allowed to issue a warrant for location information on the application of a peace officer. A warrant issued under the provisions of the bill would expire 90 days after being issued, and the judge would be allowed to grant an additional 90-day extension for good cause. A device could be monitored without a warrant if either the device is reported stolen by the owner or if an immediate life-threatening situation exists. The bill would also provide for certain warrant request reports to be filed with the Department of Public Safety (DPS) by courts and prosecutors. DPS would then be required to summarize these reports and file them with the Governor, Lieutenant Governor, Speaker of the House, and the chairs of the Legislature's standing committees by June 1st of each year. It is anticipated that any additional workload for state agencies can be absorbed within existing resources. Local Government Impact Additional workload for local courts would vary depending on the number of applicable search warrants and orders; however, fiscal impact to local governments is not anticipated to be significant.     Source Agencies:696 Department of Criminal Justice   LBB Staff:  UP, ESi, SD, KKR    

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 23, 2013





  TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence      FROM: Ursula Parks, Director, Legislative Budget Board     IN RE:HB1608 by Hughes (Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.), Committee Report 1st House, Substituted  

TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1608 by Hughes (Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.), Committee Report 1st House, Substituted

 Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence 

 Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence 

 Ursula Parks, Director, Legislative Budget Board

 Ursula Parks, Director, Legislative Budget Board

HB1608 by Hughes (Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.), Committee Report 1st House, Substituted

HB1608 by Hughes (Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.), Committee Report 1st House, Substituted



No significant fiscal implication to the State is anticipated.

No significant fiscal implication to the State is anticipated.



The bill would amend the Code of Criminal Procedure to allow a law enforcement agency to apply for a warrant to obtain location information. The bill defines location information as information that concerns the location of a cell phone or other wireless communication device that is wholly or partly generated or derived from the operation of the device. A district judge would be allowed to issue a warrant for location information on the application of a peace officer. A warrant issued under the provisions of the bill would expire 90 days after being issued, and the judge would be allowed to grant an additional 90-day extension for good cause. A device could be monitored without a warrant if either the device is reported stolen by the owner or if an immediate life-threatening situation exists. The bill would also provide for certain warrant request reports to be filed with the Department of Public Safety (DPS) by courts and prosecutors. DPS would then be required to summarize these reports and file them with the Governor, Lieutenant Governor, Speaker of the House, and the chairs of the Legislature's standing committees by June 1st of each year. It is anticipated that any additional workload for state agencies can be absorbed within existing resources.

The bill would amend the Code of Criminal Procedure to allow a law enforcement agency to apply for a warrant to obtain location information. The bill defines location information as information that concerns the location of a cell phone or other wireless communication device that is wholly or partly generated or derived from the operation of the device.

A district judge would be allowed to issue a warrant for location information on the application of a peace officer. A warrant issued under the provisions of the bill would expire 90 days after being issued, and the judge would be allowed to grant an additional 90-day extension for good cause. A device could be monitored without a warrant if either the device is reported stolen by the owner or if an immediate life-threatening situation exists.

The bill would also provide for certain warrant request reports to be filed with the Department of Public Safety (DPS) by courts and prosecutors. DPS would then be required to summarize these reports and file them with the Governor, Lieutenant Governor, Speaker of the House, and the chairs of the Legislature's standing committees by June 1st of each year.

It is anticipated that any additional workload for state agencies can be absorbed within existing resources.

Local Government Impact

Additional workload for local courts would vary depending on the number of applicable search warrants and orders; however, fiscal impact to local governments is not anticipated to be significant. 

Source Agencies: 696 Department of Criminal Justice

696 Department of Criminal Justice

LBB Staff: UP, ESi, SD, KKR

 UP, ESi, SD, KKR