HBA-MPM, RBT H.B. 1001 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1001 By: Hartnett Criminal Jurisprudence 11/2/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, there was no prohibition against the installation of an electronic tracking device on a car without the owner's consent. Tracking devices allow the surveillance of a vehicle and its driver from a remote location. As technology becomes increasingly sophisticated and inexpensive, tracking devices can easily be misused for improper purposes, including stalking, spying, kidnapping, and carjacking. H.B. 1001 provides that it is a Class A misdemeanor to knowingly install an electronic tracking device on a vehicle without the owner's consent. This bill allows law enforcement officials to use these devices in the course of a criminal investigation or with a court order. This bill also allows licensed private investigators to use these devices if the investigator obtains written consent to install the device from an owner or lessee of the motor vehicle, as well as to enter private residential property if the owner or lessee of the property gives written consent, or under a court order. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 16, Penal Code, by adding Section 16.06, as follows: Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE. Defines "electronic or mechanical tracking device" and "motor vehicle." Provides that it is a Class A misdemeanor to knowingly install an electronic or mechanical tracking device on a motor vehicle owned by another person. Provides an affirmative defense to a person who has obtained the consent of the motor vehicle owner, to a peace officer who installs a device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency, to a person who reasonably believed the person was assisting a peace officer authorized to install the device, or to a private investigator licensed under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), V.T.C.S.), if the investigator obtains written consent to install the device from an owner or lessee of the motor vehicle, as well as to enter private residential property if the owner or lessee of the property gives written consent, or under a court order. SECTION 2. Amends the heading of Chapter 16, Penal Code, to read as follows: CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.