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HB 3111

AN ACT relating to the search of certain wireless communications devices

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Prohibits peace officers from searching a person's cellular telephone or wireless communications device during a lawful arrest without first obtaining a warrant. The legislation protects individuals' digital privacy by requiring law enforcement to seek judicial approval before accessing personal electronic devices, even when someone has been arrested. The law takes effect on September 1, 2025, and applies to all wireless communications devices, specifically excluding devices classified as skimmers.

Subject Areas

Bill Text

relating to the search of certain wireless communications devices
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Article 18.0215(a), Code of Criminal Procedure,
(a)  A peace officer may not search a person's cellular
telephone or other wireless communications device, pursuant to a
lawful arrest of the person without obtaining a warrant under this
article.  A wireless communications device does not include a
skimmer as defined by Section 607.001, Business & Commerce Code.
SECTION 2.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the search of certain wireless communications devices