H.B. No. 644
 
 
 
 
AN ACT
  relating to the contents of a search warrant and to the offense of
  tampering with a governmental record consisting of a search
  warrant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.04, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18.04.  CONTENTS OF WARRANT. A search warrant issued
  under this chapter shall be sufficient if it contains the following
  requisites:
               (1)  that it run in the name of "The State of Texas";
               (2)  that it identify, as near as may be, that which is
  to be seized and name or describe, as near as may be, the person,
  place, or thing to be searched;
               (3)  that it command any peace officer of the proper
  county to search forthwith the person, place, or thing named; [and]
               (4)  that it be dated and signed by the magistrate; and
               (5)  that the magistrate's name appear in clearly
  legible handwriting or in typewritten form with the magistrate's
  signature.
         SECTION 2.  Article 18.021(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  In addition to the requirements of Subdivisions (1),
  (4), and (5) [and (4)] of Article 18.04 of this code, a warrant
  issued under this article shall identify, as near as may be, the
  child to be located and photographed, shall name or describe, as
  near as may be, the place or thing to be searched, and shall command
  any peace officer of the proper county to search for and cause the
  child to be photographed.
         SECTION 3.  Section 37.10(c)(2), Penal Code, is amended to
  read as follows:
               (2)  An offense under this section is a felony of the
  third degree if it is shown on the trial of the offense that the
  governmental record was:
                     (A)  a public school record, report, or assessment
  instrument required under Chapter 39, Education Code, data reported
  for a school district or open-enrollment charter school to the
  Texas Education Agency through the Public Education Information
  Management System (PEIMS) described by Section 42.006, Education
  Code, under a law or rule requiring that reporting, or a license,
  certificate, permit, seal, title, letter of patent, or similar
  document issued by government, by another state, or by the United
  States, unless the actor's intent is to defraud or harm another, in
  which event the offense is a felony of the second degree;
                     (B)  a written report of a medical, chemical,
  toxicological, ballistic, or other expert examination or test
  performed on physical evidence for the purpose of determining the
  connection or relevance of the evidence to a criminal action; [or]
                     (C)  a written report of the certification,
  inspection, or maintenance record of an instrument, apparatus,
  implement, machine, or other similar device used in the course of an
  examination or test performed on physical evidence for the purpose
  of determining the connection or relevance of the evidence to a
  criminal action; or
                     (D)  a search warrant issued by a magistrate.
         SECTION 4.  (a) The changes in law made by this Act in
  amending Articles 18.04 and 18.021(c), Code of Criminal Procedure,
  apply to a search warrant issued on or after the effective date of
  this Act. A search warrant issued before the effective date of this
  Act is governed by the law in effect on the date the warrant was
  issued, and the former law is continued in effect for that purpose.
         (b)  The change in law made by this Act in adding Section
  37.10(c)(2)(D), Penal Code, applies only to an offense committed on
  or after the effective date of this Act. An offense committed
  before the effective date of this Act is governed by the law in
  effect on the date the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this
  subsection, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 644 was passed by the House on May 12,
  2015, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 644 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor