By: Vasut H.B. No. 779
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of certain warrants by statutory county
court judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Only the specifically described property or items set
forth in a search warrant issued under Article 18.02(a)(10) or
property, items or contraband enumerated in Article 18.02(a)(1),
(2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized. A
subsequent search warrant may be issued pursuant to Article
18.02(a)(10) to search the same person, place, or thing subjected
to a prior search under Article 18.02(a)(10) only if the subsequent
search warrant is issued by a judge of a statutory county court,
district court, a court of appeals, the court of criminal appeals,
or the supreme court.
SECTION 2. Article 18.0215(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A warrant under this article may be issued only by a
judge in the same judicial district, or a judge of a statutory
county court in the same county, as the site of:
(1) the law enforcement agency that employs the peace
officer, if the cellular telephone or other wireless communications
device is in the officer's possession; or
(2) the likely location of the telephone or device.
SECTION 3. This Act takes effect September 1, 2023.