Tex. Code Crim. Proc. art. 18A.104 · Subchapter C. ISSUANCE OF INTERCEPTION ORDER AND RELATED ORDERS
LIMITATION ON COVERT ENTRY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An interception order may not authorize a covert entry for the purpose of intercepting an oral communication unless:
(1) the judge, in addition to making the determinations required under Article 18A.102, determines:
(A) that:
(i) the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of a pen register previously authorized in connection with the same investigation;
(ii) the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of an interception of wire or electronic communications previously authorized in connection with the same investigation; and
(iii) the procedures under Subparagraphs (i) and (ii) have failed; or
(B) that the procedures under Paragraph (A) reasonably appear to be unlikely to succeed or to be too dangerous if attempted or are not feasible under the circumstances or exigencies of time; and
(2) the interception order, in addition to the matters required to be specified under Article 18A.103(a), specifies that:
(A) the covert entry is for the purpose of intercepting oral communications of two or more persons; and
(B) there is probable cause to believe that the persons described by Paragraph (A) are committing, have committed, or are about to commit a particular offense described by Article 18A.101.
(b) An interception order may not authorize a covert entry into a residence solely for the purpose of intercepting a wire or electronic communication.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18A.htm
- Text hash
- sha256 acdf36263383a929bbbbbc0ae4ffd98e7c4bf7bc15381663d6cdfaaeeea64b71
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18A.101OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE ISSUED.Printed as Article 18A.101
- Tex. Code Crim. Proc. art. 18A.102JUDICIAL DETERMINATIONS REQUIRED FOR ISSUANCE OF INTERCEPTION ORDER.Printed as Article 18A.102
- Tex. Code Crim. Proc. art. 18A.103CONTENTS OF INTERCEPTION ORDER.Printed as Article 18A.103(a)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.