S.B. No. 797 amends the Texas Penal Code to address the unlawful installation or use of tracking devices. The bill modifies Section 16.06 by changing its heading to include "OR USE OF TRACKING DEVICE" and revising definitions and provisions related to consent. It clarifies that "effective consent" can be given by someone legally authorized to act on behalf of the person from whom consent is required, and it specifies conditions under which consent is not considered effective. The bill also introduces a definition for "electronic or mechanical tracking device" and establishes that a person commits an offense if they knowingly install or use such a device without proper consent.

Additionally, the bill outlines affirmative defenses for individuals accused of violating this section, including obtaining consent from the vehicle owner or the person being tracked, or being a parent or guardian tracking a minor. It also states that the affirmative defense is not available if the device is used for purposes other than those consented to. The bill exempts peace officers acting within the scope of their duties from these provisions. The changes will take effect on September 1, 2025, and apply only to offenses committed after that date.

Statutes affected:
Introduced: Penal Code 16.06 (Penal Code 16)