Texas 2025 - 89th Regular

Texas Senate Bill SB1659

Filed

2/26/25

Out of Senate Committee

Voted on by Senate

Out of House Committee

Voted on by House

Governor Action

Bill Becomes Law

Caption

Relating to requiring a warrant to search certain location information purchased by a governmental entity from a data broker or electronic personal data tracker.

Impact

The significance of SB1659 lies in its impact on privacy and surveillance laws in Texas. By requiring a warrant for the search of location information, it strengthens personal privacy protections against potential governmental overreach. It aims to ensure that the state cannot unilaterally access personal tracking information without sufficient cause, thereby curtailing the potential for unauthorized surveillance of citizens.

Summary

Senate Bill 1659 mandates that any governmental entity wishing to search location information purchased from data brokers or electronic personal data trackers must first obtain a warrant. This bill is an amendment to the Code of Criminal Procedure, specifically addressing the conditions under which law enforcement can access such sensitive information. It introduces clear definitions regarding data brokers and electronic personal data trackers, categorizing them based on the nature of their data collection processes and the consent of users.

Contention

The bill has stirred discussions around privacy rights versus law enforcement needs. Proponents argue that safeguarding individual privacy is paramount, especially in an era where data is traded extensively. Conversely, some law enforcement officials express concerns that the warrant requirement could hinder their ability to effectively gather evidence in urgent situations. The deliberation over this balance underscores ongoing tensions in legislative arenas regarding privacy rights and public safety.

Implementation

If enacted, SB1659 will only apply to searches conducted on or after the effective date, which is set for September 1, 2025. It includes provisions on the duration and sealing of warrants related to prospective location information, establishing a framework for police protocols when dealing with such sensitive data. This aspect of the bill is particularly crucial for ensuring that law enforcement agencies remain accountable when handling civilian data.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

Chapter 18. Search Warrants
- Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX SB2105

Relating to the registration of and certain other requirements relating to data brokers; providing a civil penalty and authorizing a fee.

TX SB1754

Relating to certain restrictions on the use of personally identifiable information pertaining to a public school student by an operator or educational entity.

TX HB4

Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.

TX HB1844

Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.

TX SB928

Relating to the protection of personally identifiable student information and the use of covered information by an operator or educational entity; authorizing a civil and administrative penalty.

TX HB18

Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.

TX HB5300

Relating to requiring operators of smart devices to provide information to users about the collection of personal data.

TX SB1691

Relating to requiring operators of smart devices to provide information to users about the collection of personal data.

TX HB779

Relating to the issuance of certain search warrants by statutory county court judges.

TX HB4917

Relating to the regulation of third-party data collection entities; providing a civil penalty and authorizing a fee.