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Subchapter A. General Provisions
Article 18B.001. Definitions - (1) "Authorized peace officer" means: (A) a sheriff or deputy...
Subchapter B. Application for Order Authorizing Installation and Use of Equipment
Article 18B.051. Requirements Regarding Request for and Filing of Application - (b) A prosecutor may file an application under this subchapter...
Article 18B.052. Jurisdiction - (1) the site of the proposed installation or use of...
Article 18B.053. Application Requirements - (1) be made in writing under oath; (2) include the...
Subchapter C. Order Authorizing Installation and Use of Equipment
Article 18B.101. Order Authorizing Installation and Use of Pen Register, Esn Reader, or Similar Equipment - (b) On request of the applicant, the judge shall direct...
Article 18B.102. Order Authorizing Installation and Use of Trap and Trace Device or Similar Equipment - (b) The judge may direct the communication common carrier or...
Article 18B.103. Compensation for Carrier or Service Provider - (b) A communication common carrier that provides facilities and assistance...
Article 18B.104. Duration of Order - (b) Each extension granted under Subsection (a) may not exceed...
Article 18B.105. Sealing Records of Application and Order - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Subchapter D. Emergency Installation and Use of Certain Equipment
Article 18B.151. Emergency Installation and Use of Pen Register or Trap and Trace Device - (b) A peace officer authorized to possess, install, operate, or...
Article 18B.152. Order Authorizing Emergency Installation and Use - (1) promptly report the installation or use of the device...
Article 18B.153. Admissibility of Evidence Obtained - (1) does not apply for authorization for the pen register...
Subchapter E. Mobile Tracking Devices
Article 18B.201. Definition - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.202. Order Authorizing Installation and Use of Mobile Tracking Device - (b) An application must be written, signed, and sworn to...
Article 18B.203. Jurisdiction - (1) the investigation; or (2) the person, vehicle, container, item,...
Article 18B.204. Notification of Judge Following Activation of Mobile Tracking Device - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.205. Duration of Order - (b) For good cause shown, the judge may grant an...
Article 18B.206. Removal of Device - (b) If removal is not practicable, the device may not...
Article 18B.207. Nonapplicability - (b) In an emergency, a private entity may monitor a...
Subchapter F. Law Enforcement Powers and Duties
Article 18B.251. Policy Required - (1) adopt a written policy governing the application of this...
Article 18B.252. Peace Officers Authorized to Possess, Install, Operate, or Monitor Equipment - (b) If the director of the department or the director's...
Article 18B.253. Limitation: Pen Registers - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.254. Application or Order Not Required for Certain Searches - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Subchapter G. Oversight
Article 18B.301. Compliance Audit - (b) If the department determines from the audit that the...
Article 18B.302. Report of Expenditures - (b) The director of the department shall report the expenditures...
Subchapter G. -1. Prospective Location Information
Article 18B.321. Applicability - (1) held in electronic storage in the possession, care, custody,...
Article 18B.322. Warrant Required for Certain Location Information Held in Electronic Storage - (b) Only a prosecutor or a prosecutor's assistant with jurisdiction...
Article 18B.323. Issuance of Warrant - (b) A warrant may not be issued under this article...
Article 18B.324. Duration; Sealing - (b) Each extension granted under Subsection (a) may not exceed...
Article 18B.325. Emergency Disclosure - (1) the officer reasonably believes an immediate life-threatening situation exists...
Article 18B.326. Certain Evidence Not Admissible - (1) a warrant is obtained before requiring the disclosure; or...
Subchapter H. Access to Stored Communications and Other Stored Customer Data
Article 18B.351. Government Access to Electronic Customer Data - (b) An authorized peace officer may require a provider of...
Article 18B.352. Court Order for Government Access to Stored Customer Data - (b) A court may grant a motion by the service...
Article 18B.353. Warrant Issued in This State: Applicability - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.354. Warrant Issued in This State: Application and Issuance of Warrant - (b) A search warrant may not be issued under this...
Article 18B.355. Warrant Issued in This State: Execution of Warrant - (b) A warrant issued under Article 18B.354 may be served...
Article 18B.356. Warrant Issued in This State: Compliance With Warrant - (b) The judge may indicate in the warrant that the...
Article 18B.357. Warrant Issued in This State: Authentication of Records by Service Provider - (1) is completed and sworn to by a person who...
Article 18B.358. Warrant Issued in Another State - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.359. Government Access to Certain Stored Customer Data Without Legal Process - (1) that the service provider provides to others in the...
Subchapter I. Backup Preservation of Electronic Customer Data
Article 18B.401. Backup Preservation of Electronic Customer Data - (b) The service provider shall create the copy within a...
Article 18B.402. Notice to Subscriber or Customer - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.403. Release of Copy of Electronic Customer Data - (1) initiated proceedings to challenge the request of the peace...
Article 18B.404. Destruction of Copy of Electronic Customer Data - (1) the delivery of electronic customer data to the applicable...
Article 18B.405. Request for Copy of Electronic Customer Data by Authorized Peace Officer - (b) The peace officer's belief is not subject to challenge...
Article 18B.406. Proceedings to Quash Subpoena or Vacate Court Order - (1) that the applicant is a subscriber or customer of...
Subchapter J. Production of Certain Business Records
Article 18B.451. Subpoena Authority - (1) disclose information about: (A) the carrier's or service provider's...
Article 18B.452. Report of Issuance of Subpoena - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.453. Compliance With Policy for Installation and Use of Equipment - (b) If the department determines that the office or agency...
Subchapter K. Service Provider Powers and Duties
Article 18B.501. Preclusion of Notification - (b) The court shall enter the order if the court...
Article 18B.502. Disclosure by Service Provider Prohibited - (b) Except as provided by Subsection (c), a provider of...
Article 18B.503. Reimbursement of Costs - (b) The authorized peace officer and the person providing the...
Subchapter L. Remedies
Article 18B.551. Cause of Action - (1) injunctive relief; (2) reasonable attorney's fees and other litigation...
Article 18B.552. No Cause of Action - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....
Article 18B.553. Exclusivity of Remedies - Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B....