89R4101 JSC-F     By: Eckhardt S.B. No. 797       A BILL TO BE ENTITLED   AN ACT   relating to the unlawful installation or use of a tracking device.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 16.06, Penal Code, is   amended to read as follows:          Sec. 16.06.  UNLAWFUL INSTALLATION OR USE OF TRACKING   DEVICE.          SECTION 2.  Section 16.06, Penal Code, is amended by   amending Subsections (a), (b), (d), and (e) and adding Subsection   (d-1) to read as follows:          (a)  In this section:                (1)  "Effective consent" includes consent by a person   legally authorized to act on behalf of the person from whom consent   is required. Consent is not effective if:                      (A)  induced by deception, coercion, fraud,   force, or threat;                      (B)  given by a person the actor knows is not   legally authorized to act regarding the matter; or                      (C)  given by a person who by reason of youth,   mental illness, intellectual disability, or intoxication is known   by the actor to be unable to make reasonable decisions.                (2)  "Electronic or mechanical tracking device" means a   device capable of emitting an electronic frequency or other signal   that may be used by a person to identify, monitor, or record the   location of another person or object.                (3)  "Minor" means a person younger than 18 years of   age.                (4) [(2)]  "Motor vehicle" has the meaning assigned by   Section 501.002, Transportation Code.          (b)  A person commits an offense if the person knowingly:                (1)  installs an electronic or mechanical tracking   device on a motor vehicle owned or leased by another person; or                (2)  uses an electronic or mechanical tracking device   to determine the location or movement of another person.          (d)  It is an affirmative defense to prosecution under this   section that the person:                (1)  obtained the effective consent of:                      (A)  the owner or lessee of the motor vehicle   before the electronic or mechanical tracking device was installed   as described by Subsection (b)(1); or                      (B)  the person whose location or movement is   being tracked as described by Subsection (b)(2);                (2)  is a parent, guardian, conservator, or legal   custodian of a minor and uses an electronic or mechanical tracking   device as described by Subsection (b)(2) to track the location or   movement of the minor;                (3)  assisted another whom the person reasonably   believed to be a peace officer authorized to install or use the   device in the course of a criminal investigation or pursuant to an   order of a court to gather information for a law enforcement agency;   or                (4) [(3)]  was a private investigator licensed under   Chapter 1702, Occupations Code, who:                      (A)  installed the device as described by   Subsection (b)(1)[:                      [(A)]  with written consent:                            (i)  to install the device given by the owner   or lessee of the motor vehicle; and                            (ii)  to enter private residential property,   if that entry was necessary to install the device, given by the   owner or lessee of the property; or                      (B)  installed or used a device  pursuant to an   order of or other authorization from a court to gather information.          (d-1)  The affirmative defense described by Subsection   (d)(1) is unavailable if the actor uses the electronic or   mechanical tracking device for a purpose other than the purpose for   which the consent was given.          (e)  This section does not apply to a peace officer who   installed or used the device in the course of a criminal   investigation or pursuant to an order of a court to gather   information for a law enforcement agency.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2025.