Texas Senate Bill SB797

Texas 2025 - 89th Regular

• Filed: 1/15/25

Caption

Relating to the unlawful installation or use of a tracking device.

Impact

The modifications to the law focus on the requirement of obtaining 'effective consent' before using or installing tracking devices. This provision aims to deter unauthorized monitoring by clarifying the circumstances under which consent is valid and which may render it ineffective. For example, consent obtained through deception, coercion, or from individuals unable to give informed permission is explicitly deemed invalid, thereby providing individuals with greater control over their personal privacy.

Summary

Senate Bill 797 aims to amend the Penal Code to establish regulations regarding the unlawful installation or use of tracking devices. The bill defines an 'electronic or mechanical tracking device' and outlines circumstances under which an individual can be charged with a criminal offense for installing such a device on another person's motor vehicle or using it to monitor someone's location. The intent behind this legislation is to strengthen privacy protections and address concerns related to unauthorized surveillance in the state of Texas.

Conclusion

SB797 is set to take effect on September 1, 2025, signaling a significant change in the handling of privacy and surveillance in Texas. By providing clear definitions and regulations surrounding the use of tracking devices, the bill aims to enhance privacy protections while potentially eliciting considerations on the implications for law enforcement capabilities and the ongoing dialogue about personal privacy in an increasingly surveillant society.

Contention

However, the bill's focus on consent raises discussions around its implications for law enforcement and private investigators. While the legislation provides strong protections against unauthorized tracking, it also grants certain exceptions for law enforcement officers acting under specific contexts, such as criminal investigations or court orders. This duality can lead to debates concerning the balance between privacy rights and the need for law enforcement to utilize tracking devices in their investigations effectively.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 16. Criminal Instruments, Interception Of Wire Or Oral Communication, And Installation Of Tracking Device
  • Section: 06

Occupations Code

• Chapter 1702. Private Security
  • Section: New Section