Texas statute
Tex. Code Crim. Proc. art. 18B.051 — Requirements regarding request for and filing of application
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 18B: INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 18B.051
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
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