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Highlights of the 79th Texas Legislature - Senate

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STATE AFFAIRS/PUBLIC INFORMATION AND PRIVACY ISSUES<br />

Authorizes a person who reasonably believes that ano<strong>the</strong>r is violating this Act to detain that individual in a reasonable<br />

manner and for a reasonable time to allow for <strong>the</strong> arrival <strong>of</strong> law enforcement authorities.<br />

Residential Property Internet Information—S.B. 541<br />

By Senator Seliger—House Sponsor: Representative Jim Keffer<br />

Currently, a local appraisal district may post photographs <strong>of</strong> individuals' homes and property along with detailed floor<br />

plans on <strong>the</strong> Internet. This bill:<br />

Provides that information in appraisal records may not be posted on <strong>the</strong> Internet if <strong>the</strong> information is a photograph,<br />

sketch, or floor plan <strong>of</strong> an improvement to real property that is designed primarily for use as a human residence.<br />

Authority <strong>of</strong> Peace Officers to Conduct Certain Searches─S.B. 1195<br />

By Senator Hinojosa—House Sponsor: Representative Dutton<br />

Consent searches at traffic stops occur when an <strong>of</strong>ficer has no probable cause to believe a crime has been<br />

committed, but asks for <strong>the</strong> driver's consent to search <strong>the</strong> vehicle. This bill:<br />

Prohibits a search <strong>of</strong> a motor vehicle stopped for an alleged violation <strong>of</strong> a law or ordinance regulating traffic, unless<br />

<strong>the</strong> peace <strong>of</strong>ficer has probable cause or ano<strong>the</strong>r legal basis, conducts a search for weapons based on a fear for <strong>the</strong><br />

<strong>of</strong>ficer's safety or <strong>the</strong> safety <strong>of</strong> o<strong>the</strong>rs, has written or oral consent <strong>of</strong> <strong>the</strong> operator <strong>of</strong> <strong>the</strong> vehicle, and ensures that <strong>the</strong><br />

oral consent is evidenced by an audio and video recording.<br />

Requires <strong>the</strong> director <strong>of</strong> <strong>the</strong> Department <strong>of</strong> Public Safety (director), by rule, to establish requirements for a form used<br />

to obtain <strong>the</strong> consent <strong>of</strong> <strong>the</strong> operator <strong>of</strong> a motor vehicle and sets forth minimum requirements for such rules.<br />

Requires <strong>the</strong> director, by rule, to establish requirements for <strong>the</strong> audio and video recording used to obtain <strong>the</strong> consent<br />

<strong>of</strong> <strong>the</strong> operator <strong>of</strong> a motor vehicle and sets forth minimum requirements for such rules.<br />

Continuation <strong>of</strong> Statutes Governing Interception <strong>of</strong> Communications─S.B. 1551<br />

By Senator Estes—House Sponsor: Representative Driver<br />

Article 18.20, Code <strong>of</strong> Criminal Procedure, allows <strong>the</strong> <strong>Texas</strong> Department <strong>of</strong> Public Safety (DPS) to use wire<br />

intercepts as an investigative tool. The article is subject to sunset on September 1, 2005. This bill:<br />

Repeals Section 16.02(h), Penal Code, which provides that Section 16.02 <strong>of</strong> <strong>the</strong> Penal Code, prohibiting certain<br />

interception, use, or disclosure <strong>of</strong> wire, oral, or electronic communications, expires on September 1, 2005.<br />

Repeals Section 18, Article 18.20 <strong>of</strong> <strong>the</strong> Code <strong>of</strong> Criminal Procedure, which provides that Article 18.20, regarding<br />

certain interception, use, and disclosure <strong>of</strong> wire, oral, or electronic communications, expires on September 1, 2005.<br />

HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 237

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