89R8989 JCG-F
By: Harless H.B. No. 2178
A BILL TO BE ENTITLED
AN ACT
relating to the emergency installation and use of a mobile tracking
device on a vehicle by an authorized peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 18B, Code of Criminal
Procedure, is amended by adding Article 18B.2055 to read as
follows:
Art. 18B.2055. EMERGENCY INSTALLATION AND USE OF MOBILE
TRACKING DEVICE ON VEHICLE. (a) An authorized peace officer may
install and use a mobile tracking device on a vehicle without
obtaining an order under this subchapter if:
(1) the peace officer has probable cause to believe
that the vehicle to which, in which, or on which the mobile tracking
device is to be attached, placed, or otherwise installed is being
used in the commission of an offense:
(A) listed in Article 42A.054; or
(B) under Section 38.04 or 38.06, Penal Code,
that is punishable as a felony; and
(2) the installation and use of the mobile tracking
device without first obtaining an order under this subchapter is
necessary to prevent:
(A) the impairment of a criminal investigation;
(B) the damage or destruction of property;
(C) the death of or bodily injury to a person; or
(D) the escape of a person who is a fugitive from
justice for a felony.
(b) Not later than 72 hours after the time the mobile
tracking device is attached, placed, or otherwise installed on the
vehicle, the authorized peace officer shall obtain an order under
this subchapter from a district judge with jurisdiction over the
site of the vehicle the movement of which is being tracked by the
device. An application for an order required by this subsection
must provide one or more reasons as prescribed by Subsection (a)(2)
for the necessity of installing and using a mobile tracking device
without first obtaining an order under this subchapter.
(c) The authorized peace officer may designate another
authorized peace officer to obtain the order under Subsection (b)
on behalf of the authorized peace officer who attached, placed, or
otherwise installed the mobile tracking device.
(d) The judge may issue an order authorizing the
installation and use of the mobile tracking device during the
72-hour period prescribed by Subsection (b) if the judge finds
that:
(1) the vehicle is being used for the commission of an
offense described by Subsection (a)(1); and
(2) the installation and use of the mobile tracking
device without first obtaining an order under this subchapter was
necessary for a reason prescribed by Subsection (a)(2).
(e) If the application for the order is denied or the order
is not issued within the 72-hour period prescribed by Subsection
(b):
(1) the authorized peace officer shall terminate the
use of the mobile tracking device on the earlier of the denial of
the application or the expiration of the 72-hour period; and
(2) the state may not use as evidence in a criminal
proceeding any information obtained through the use of the mobile
tracking device.
SECTION 2. The changes in law made by this Act apply only to
the installation and use of a mobile tracking device by an
authorized peace officer on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.