87R778 JCG-D
By: Sherman, Sr. H.B. No. 356
A BILL TO BE ENTITLED
AN ACT
relating to the requirements of an affidavit supporting the
installation and use of a mobile tracking device.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18B.202(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The affidavit must:
(1) state the name, department, agency, and address of
the applicant;
(2) identify the vehicle, container, or item to which,
in which, or on which the mobile tracking device is to be attached,
placed, or otherwise installed;
(3) state the name of the owner or possessor of the
vehicle, container, or item identified under Subdivision (2);
(4) state the judicial jurisdictional area in which
the vehicle, container, or item identified under Subdivision (2) is
expected to be found; and
(5) state the facts and circumstances that provide the
applicant with probable cause to believe [a reasonable suspicion]
that:
(A) criminal activity has been, is, or will be
committed; and
(B) the installation and use of a mobile tracking
device is likely to produce information that is material to an
ongoing criminal investigation of that criminal activity.
SECTION 2. This Act takes effect September 1, 2021.