Texas 2023 88th Regular

Texas House Bill HB1993 Analysis / Analysis

Filed 04/13/2023

                    BILL ANALYSIS             H.B. 1993     By: Harris, Cody     Criminal Jurisprudence     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Fuel stations across the country, including in Texas, are being targeted by fuel thieves who illegally acquire diesel fuel using stolen credit and debit card numbers, break into fuel dispensers to manipulate the internal fuel pump pulser devices, or siphon diesel fuel from underground fuel tanks at truck stops and convenience stores. When these thieves drive dangerously in an attempt to lose pursuing investigators, it is not uncommon for the comptroller of public accounts' Criminal Investigation Division (CID) investigators, driving their personal vehicles, to lose the suspects due to counter surveillance methods and heavy traffic, which prevents officers from locating where thieves travel with loads of stolen fuel. Currently, when CID investigators need to place a tracking device on a vehicle, they must request assistance from other authorized peace officers or law enforcement agencies in obtaining a court order authorizing the installation and use of the device. H.B. 1993 seeks to resolve this issue by authorizing CID investigators to apply directly to a judge for tracker warrants.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 1993 amends the Code of Criminal Procedure to authorize a peace officer commissioned by the comptroller of public accounts to apply for an order by a district judge authorizing the installation and use of a mobile tracking device.       EFFECTIVE DATE    On passage, or, if the bill does not receive the necessary vote, September 1, 2023.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 1993
By: Harris, Cody
Criminal Jurisprudence
Committee Report (Unamended)

H.B. 1993

By: Harris, Cody

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Fuel stations across the country, including in Texas, are being targeted by fuel thieves who illegally acquire diesel fuel using stolen credit and debit card numbers, break into fuel dispensers to manipulate the internal fuel pump pulser devices, or siphon diesel fuel from underground fuel tanks at truck stops and convenience stores. When these thieves drive dangerously in an attempt to lose pursuing investigators, it is not uncommon for the comptroller of public accounts' Criminal Investigation Division (CID) investigators, driving their personal vehicles, to lose the suspects due to counter surveillance methods and heavy traffic, which prevents officers from locating where thieves travel with loads of stolen fuel. Currently, when CID investigators need to place a tracking device on a vehicle, they must request assistance from other authorized peace officers or law enforcement agencies in obtaining a court order authorizing the installation and use of the device. H.B. 1993 seeks to resolve this issue by authorizing CID investigators to apply directly to a judge for tracker warrants.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 1993 amends the Code of Criminal Procedure to authorize a peace officer commissioned by the comptroller of public accounts to apply for an order by a district judge authorizing the installation and use of a mobile tracking device.
EFFECTIVE DATE    On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

BACKGROUND AND PURPOSE 

 

Fuel stations across the country, including in Texas, are being targeted by fuel thieves who illegally acquire diesel fuel using stolen credit and debit card numbers, break into fuel dispensers to manipulate the internal fuel pump pulser devices, or siphon diesel fuel from underground fuel tanks at truck stops and convenience stores. When these thieves drive dangerously in an attempt to lose pursuing investigators, it is not uncommon for the comptroller of public accounts' Criminal Investigation Division (CID) investigators, driving their personal vehicles, to lose the suspects due to counter surveillance methods and heavy traffic, which prevents officers from locating where thieves travel with loads of stolen fuel. Currently, when CID investigators need to place a tracking device on a vehicle, they must request assistance from other authorized peace officers or law enforcement agencies in obtaining a court order authorizing the installation and use of the device. H.B. 1993 seeks to resolve this issue by authorizing CID investigators to apply directly to a judge for tracker warrants.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 1993 amends the Code of Criminal Procedure to authorize a peace officer commissioned by the comptroller of public accounts to apply for an order by a district judge authorizing the installation and use of a mobile tracking device.

 

EFFECTIVE DATE 

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.