The bill, S.B. No. 797, amends Section 16.06 of the Texas Penal Code to address the unlawful installation or use of tracking devices. Key changes include the addition of definitions for "effective consent," "electronic or mechanical tracking device," and "minor." The bill specifies that a person commits an offense if they knowingly install a tracking device on another person's motor vehicle or use such a device to track another person's location or movement. It also clarifies that effective consent must be obtained from the owner or lessee of the vehicle or the individual being tracked, and outlines specific circumstances under which consent is not considered effective.

Additionally, the bill introduces an affirmative defense for individuals who have obtained consent or are legally authorized to track a minor, as well as for licensed private investigators acting under court authorization. It establishes that the affirmative defense is not available if the tracking device is used for purposes other than those for which consent was granted. The bill also clarifies that peace officers are exempt from these provisions when acting in the course of a criminal investigation. 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)