By: Johnson of Harris H.B. No. 814       A BILL TO BE ENTITLED   AN ACT   relating to the authority of peace officers to conduct certain   searches.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 1.06, Code of Criminal Procedure, is   amended to read as follows:          Art. 1.06.  SEARCHES AND SEIZURES. (a) The people shall be   secure in their persons, houses, papers, and possessions from all   unreasonable seizures or searches. No warrant to search any place   or to seize any person or thing shall issue without describing them   as near as may be, nor without probable cause supported by oath or   affirmation.          (b)  A peace officer who stops a motor vehicle for any   alleged violation of a law or ordinance regulating traffic may not   search the vehicle unless the peace officer:                (1)  has probable cause to conduct the search;                (2)  obtains the written consent of the operator of the   vehicle on a form that complies with Section 1701.1525(b),   Occupations Code;                (3)  obtains the oral consent of the operator of the   vehicle and ensures that the oral consent is evidenced by an audio   and video recording that complies with Section 1701.1525(c),   Occupations Code, and is recorded by a body worn camera, as defined   by Section 1701.651, Occupations Code; or                (4)  has a reasonable and articulable fear that the   operator or another person in the vehicle poses a threat to the   safety of the peace officer or another person.          SECTION 2.  Subchapter D, Chapter 1701, Occupations Code, is   amended by adding Section 1701.1525 to read as follows:          Sec. 1701.1525.  RULES FOR CERTAIN EVIDENCE OF CONSENT TO   VEHICLE SEARCH. (a) The commission by rule shall establish   requirements for:                (1)  a form used to obtain the written consent of the   operator of a motor vehicle under Article 1.06, Code of Criminal   Procedure; and                (2)  an audio and video recording used as evidence of   the oral consent of the operator of a motor vehicle under Article   1.06, Code of Criminal Procedure.          (b)  At a minimum, the rules adopted under Subsection (a)(1)   must require the form to contain:                (1)  a statement that the operator of the motor vehicle   fully understands that the operator may refuse to give the peace   officer consent to search the motor vehicle;                (2)  a statement that the operator of the motor vehicle   is freely and voluntarily giving the peace officer consent to   search the motor vehicle;                (3)  the time and date of the stop giving rise to the   search;                (4)  a description of the motor vehicle to be searched;   and                (5)  the name of each peace officer conducting the stop   or search.          (c)  At a minimum, the rules adopted under Subsection (a)(2)   must require the audio and video recording to be created by a body   worn camera, as defined by Section 1701.651, and document the   following affirmative statements:                (1)  a statement made by the peace officer that informs   the operator of the motor vehicle that the operator may refuse to   give the peace officer consent to search the motor vehicle; and                (2)  a statement made by the operator of the motor   vehicle that the operator:                                            (A)  fully understands that the operator may   refuse to give the peace officer consent to search the motor   vehicle; and                      (B)  is freely and voluntarily giving the peace   officer consent to search the motor vehicle.          SECTION 3.  The Texas Commission on Law Enforcement shall   adopt the rules required by Section 1701.1525, Occupations Code, as   added by this Act, not later than December 1, 2017.          SECTION 4.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2017.          (b)  Article 1.06, Code of Criminal Procedure, as amended by   this Act, takes effect January 1, 2018.