Tex. Code Crim. Proc. art. 18B.051 · Subchapter B. APPLICATION FOR ORDER AUTHORIZING INSTALLATION AND USE OF EQUIPMENT
REQUIREMENTS REGARDING REQUEST FOR AND FILING OF APPLICATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A prosecutor with jurisdiction in a county within a judicial district described by Article 18B.052 may file with a district judge in the judicial district an application for the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device.
(b) A prosecutor may file an application under this subchapter or under federal law on:
(1) the prosecutor's own motion; or
(2) the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
(c) A prosecutor must make an application personally and may not make the application through an assistant or other person acting on the prosecutor's behalf if the prosecutor:
(1) files an application on the prosecutor's own motion; or
(2) files an application for the installation and use of a pen register, ESN reader, or similar equipment on the request of an authorized peace officer not commissioned by the department, other than an authorized peace officer employed by a designated law enforcement office or agency.
(d) A prosecutor may make an application through an assistant or other person acting on the prosecutor's behalf if the prosecutor files an application for the installation and use of:
(1) a pen register, ESN reader, or similar equipment on the request of:
(A) an authorized peace officer who is commissioned by the department; or
(B) an authorized peace officer of a designated law enforcement office or agency; or
(2) a trap and trace device or similar equipment on the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, 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.18B.htm
- Text hash
- sha256 d6ec44ccc4e2eaad7ee21d91730bdfd40bb3b7bede9879a94f20a8dc86e8143d
- 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
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Code of Criminal Procedure
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