S.B. No. 1497 amends Article 18.0215(a) of the Code of Criminal Procedure to establish that a peace officer cannot search a person's cellular telephone or other wireless communications device during a lawful arrest without first obtaining a warrant. The bill specifies that a "wireless communications device" does not include a skimmer, as defined by Section 607.001 of the Business & Commerce Code, or any device manufactured for the purpose of illicitly obtaining payment card information or identifying information.
The bill is set to take effect on September 1, 2025, following its passage in both the Senate and the House with unanimous support. This legislation aims to enhance the privacy rights of individuals regarding their wireless communications devices while also clarifying the types of devices that are exempt from this protection.