BILL ANALYSIS Senate Research Center S.B. 739 89R5903 JCG-D By: Kolkhorst Criminal Justice 4/17/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In the modern world, most fraud unit investigations involve suspect electronic communications. As it stands, the fraud investigation units at the Texas Department of Insurance (TDI) do not have the statutory authority to access these electronic communications. While they are defined in state law as peace officers (Section 2.12, Code of Criminal Procedure), they are not included in 18B.001, which relates to installing and using tracking equipment and access to communications. Without this authority, investigators must rely on other agencies' peace officers to help with their investigations, hindering speed and efficiency for all stakeholders. Therefore, S.B. 739 adds these investigators into the necessary portion of code. As proposed, S.B. 739 amends current law relating to the definition of authorized peace officer for purposes of certain laws governing the installation and use of tracking equipment and access to certain communications. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Reenacts Article 18B.001(1), Code of Criminal Procedure, as amended by Chapters 901 (H.B. 4906) and 950 (S.B. 1727), Acts of the 88th Legislature, Regular Session, 2023, and amends it, as follows: (1) Provides that "authorized peace officer" means: (A)-(K) makes no changes to these paragraphs; (L) creates this paragraph from existing text and makes nonsubstantive changes; or (M) an investigator commissioned by the commissioner of insurance under Section 701.104 (Department Investigators), Insurance Code. SECTION 2. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 739
89R5903 JCG-D By: Kolkhorst
Criminal Justice
4/17/2025
As Filed
Senate Research Center
S.B. 739
89R5903 JCG-D
By: Kolkhorst
Criminal Justice
4/17/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In the modern world, most fraud unit investigations involve suspect electronic communications. As it stands, the fraud investigation units at the Texas Department of Insurance (TDI) do not have the statutory authority to access these electronic communications. While they are defined in state law as peace officers (Section 2.12, Code of Criminal Procedure), they are not included in 18B.001, which relates to installing and using tracking equipment and access to communications. Without this authority, investigators must rely on other agencies' peace officers to help with their investigations, hindering speed and efficiency for all stakeholders. Therefore, S.B. 739 adds these investigators into the necessary portion of code.
As proposed, S.B. 739 amends current law relating to the definition of authorized peace officer for purposes of certain laws governing the installation and use of tracking equipment and access to certain communications.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Reenacts Article 18B.001(1), Code of Criminal Procedure, as amended by Chapters 901 (H.B. 4906) and 950 (S.B. 1727), Acts of the 88th Legislature, Regular Session, 2023, and amends it, as follows:
(1) Provides that "authorized peace officer" means:
(A)-(K) makes no changes to these paragraphs;
(L) creates this paragraph from existing text and makes nonsubstantive changes; or
(M) an investigator commissioned by the commissioner of insurance under Section 701.104 (Department Investigators), Insurance Code.
SECTION 2. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 3. Effective date: September 1, 2025.