SB1659 - Relating to requiring a warrant to search certain location information purchased by a governmental entity from a data broker or electronic personal data tracker.

  89R14334 JCG-D     By: Hughes S.B. No. 1659       A BILL TO BE ENTITLED   AN ACT   relating to requiring a warrant to search certain location   information purchased by a governmental entity from a data broker   or electronic personal data tracker.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 18.02(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  A search warrant may be issued to search for and seize:                (1)  property acquired by theft or in any other manner   which makes its acquisition a penal offense;                (2)  property specially designed, made, or adapted for   or commonly used in the commission of an offense;                (3)  arms and munitions kept or prepared for the   purposes of insurrection or riot;                (4)  weapons prohibited by the Penal Code;                (5)  gambling devices or equipment, altered gambling   equipment, or gambling paraphernalia;                (6)  obscene materials kept or prepared for commercial   distribution or exhibition, subject to the additional rules set   forth by law;                (7)  a drug, controlled substance, immediate   precursor, chemical precursor, or other controlled substance   property, including an apparatus or paraphernalia kept, prepared,   or manufactured in violation of the laws of this state;                (8)  any property the possession of which is prohibited   by law;                (9)  implements or instruments used in the commission   of a crime;                (10)  property or items, except the personal writings   by the accused, constituting evidence of an offense or constituting   evidence tending to show that a particular person committed an   offense;                (11)  persons;                (12)  contraband subject to forfeiture under Chapter 59   of this code;                (13)  electronic customer data held in electronic   storage, including the contents of and records and other   information related to a wire communication or electronic   communication held in electronic storage; [ or ]                (14)  a cellular telephone or other wireless   communications device, subject to Article 18.0215 ; or                 (15)     location information described by Article   18B.372(a) .          SECTION 2.  Article 18B.001, Code of Criminal Procedure, is   amended by adding Subdivisions (2-a), (7-a), and (10-a) and   amending Subdivision (9-b) to read as follows:                 (2-a)     "Data broker" means a business entity who for   compensation collects, processes, or transfers personal data that   the entity did not collect directly from the person linked or   linkable to the personal data. The term does not include an   electronic communications service or a remote computing service.                 (7-a)     "Electronic personal data tracker"   means a   business entity that directly collects, with or without the user's   consent, the personal data of a user of an electronic application or   program or a user of an Internet website through the user's   interaction with the application, program, or website or an   interaction that occurs automatically between the user's device and   the application, program, or website.   The term includes a third   party who collects the personal data of the user under an agreement   with the business entity, regardless of whether the third party   administers or maintains the application, program, or website.                (9-b)  "Location information" means data, records, or   other information that :                       (A)   is created by or accessible to a provider of   an electronic communications service , [ or ] a provider of a remote   computing service , a data broker, or an electronic personal data   tracker; and                       (B)   may be used to identify the previous or   current  geographic physical location of a communication device,   including the [ current, ] real-time[ , ] or prospective geographic   physical location of a communication device.                 (10-a)     "Personal data" means any information that is   linked or reasonably linkable to an identified or identifiable   person. The term includes:                       (A)     pseudonymous data when the information is   used by a controller or processor in conjunction with additional   information that reasonably links the information to an identified   or identifiable person; and                       (B)  location information.          SECTION 3.  The heading to Subchapter G-1, Chapter 18B, Code   of Criminal Procedure, is amended to read as follows:   SUBCHAPTER G-1. REQUIRED DISCLOSURE OF PROSPECTIVE LOCATION   INFORMATION          SECTION 4.  Chapter 18B, Code of Criminal Procedure, is   amended by adding Subchapter H-1 to read as follows:   SUBCHAPTER H-1. SEARCH OF CERTAIN PROSPECTIVE OR HISTORICAL   LOCATION INFORMATION PURCHASED FROM DATA BROKER OR ELECTRONIC   PERSONAL DATA TRACKER           Art. 18B.371.  DEFINITIONS. In this subchapter:                 (1)  "Governmental entity" means:                       (A)     an agency, department, commission, bureau,   board, office, council, or other entity that is in any branch of   state government and that is created by the constitution or a   statute of this state, including a university system or an   institution of higher education as defined by Section 61.003,   Education Code;                       (B)     a political subdivision of this state,   including a municipality, county, or special-purpose district or   authority; or                       (C)  a federal agency.                   (2)     "Purchase" includes access to location   information obtained by the exchange of anything of value.           Art.   18B.372.     WARRANT REQUIRED FOR SEARCH OF CERTAIN   LOCATION INFORMATION PURCHASED FROM DATA BROKER OR ELECTRONIC   PERSONAL DATA TRACKER. (a)   A governmental entity that has   purchased location information from a data broker or an electronic   personal data tracker may not search that location information   without first obtaining a warrant under this subchapter if any of   the location information may relate to a United States citizen.             (b)     Subsection (a) applies to the search of location   information described by that subsection, regardless of whether the   location information is created before or after the issuance of the   warrant.             (c)     An authorized peace officer may file an application for   a warrant under this subchapter with a district judge in the   judicial district in which the peace officer's employing law   enforcement agency is headquartered.             (d)     The application must be supported by the sworn affidavit   required by Article 18.01(b).           Art.   18B.373.     ISSUANCE OF WARRANT. (a)   On the filing of an   application for a warrant under this subchapter, a district judge   may issue the warrant permitting an authorized peace officer to   search location information described by Article 18B.372(a).           (b)     A warrant may not be issued under this article unless   the sworn affidavit required by Article 18.01(b) provides   sufficient and substantial facts to establish probable cause that   the search of the location information will:                 (1)     produce evidence of an offense under   investigation; or                 (2)     result in the apprehension of a fugitive from   justice.           Art.   18B.374.     DURATION AND SEALING FOR PROSPECTIVE LOCATION   INFORMATION. (a) If a search for which a warrant is required under   this subchapter may involve location information created after the   issuance of the warrant, the warrant expires not later than the 60th   day after the date the warrant was issued, unless the district judge   provides a shorter expiration period.             (b)     The authorized peace officer may apply for and obtain an   extension of the expiration period described by Subsection (a) from   the court before the warrant expires. Each extension granted under   this subsection may not exceed a period of 60 days.             (c)     Article 18.011 does not apply to an affidavit presented   under Article 18.01(b) for the issuance of a warrant under this   subchapter. A district court that issues a warrant described by   Subsection (a) shall order the warrant and the application for the   warrant sealed and may not unseal the warrant and application until   after the warrant expires.           Art.   18B.375.     CERTAIN EVIDENCE NOT ADMISSIBLE. The state   may not use as evidence in a criminal proceeding any information   obtained through the search of location information described by   Article 18B.372(a) unless a warrant authorizing the search is   obtained under this subchapter before the search is conducted.           Art.   18B.376.     OTHER REMEDIES FOR VIOLATION OF SUBCHAPTER.   A governmental entity that searches location information described   by Article 18B.372(a) in violation of this subchapter shall:                 (1)     notify each United States citizen whose location   information was included in the results of the search; and                 (2)     for each person described by Subdivision (1),   provide to the person a copy of the location information resulting   from the search that relates to the person and destroy that location   information.            SECTION 5.  The changes in law made by this Act apply only to   a search of location information described by Article 18B.373(a),   Code of Criminal Procedure, as added by this Act, that is conducted   on or after the effective date of this Act. A search of location   information conducted before the effective date of this Act is   governed by the law in effect on the date the search was conducted,   and the former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.