Texas House Bill HB2089

Texas 2023 - 88th Regular

• Filed: 2/9/23

Caption

Relating to the powers and duties of the office of the attorney general with respect to certain laws governing the installation and use of tracking equipment and access to certain communications.

Impact

The legislation is expected to have significant implications on state laws related to surveillance and privacy. By giving the attorney general and designated law enforcement agencies more explicit authority to utilize tracking equipment in authorized criminal investigations, the bill aims to enhance the capabilities of law enforcement in responding to crimes. However, this comes with heightened concerns regarding personal privacy and the potential for abuse, as expanded surveillance authority can infringe on civil liberties. The provisions will also require written reports regarding expenditures for purchasing and maintaining tracking equipment, promoting accountability in the use of public funds.

Summary

House Bill 2089 pertains to the powers and duties of the office of the attorney general concerning laws that govern the installation and utilization of tracking equipment and access to certain communications. This bill proposes amendments to the Code of Criminal Procedure aiming to clarify and expand the authority of designated law enforcement agencies, including the office of the attorney general, in deploying tracking technologies in criminal investigations. One notable aspect of the bill is the introduction of definitions and regulations concerning the usage of equipment such as pen registers and ESN readers, impacting how law enforcement can monitor communications and track individuals.

Sentiment

The sentiment surrounding HB 2089 appears to be mixed, reflecting a concern for both enhanced law enforcement capabilities and the protection of individual rights. Proponents may argue that improved tracking measures are essential for effective crime prevention and investigation, while opponents could raise alarms about potential overreach and the erosion of privacy safeguards. The bill also reflects a broader trend in legislative discussions concerning the balance between public safety and personal freedom, indicating a need for careful scrutiny of how such powers are exercised.

Contention

Some points of contention emerging from the discussions include the adequacy of oversight mechanisms in place for monitoring the use of tracking equipment. Critics may voice concerns that without sufficient checks, there could be risks of misuse or unauthorized surveillance. Additionally, questions about the transparency of the process by which the attorney general and law enforcement agencies utilize these powers remain central to the debate. Stakeholders from both sides of the issue are likely to push for amendments that could address these concerns, shaping the final form of the legislation.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 18. Search Warrants
  • Section: New Section