This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 1891
 
 
 
 
AN ACT
  relating to the execution of a search warrant for data or
  information contained in or on certain devices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.07, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  If a warrant is issued to search for and seize data or
  information contained in or on a computer, disk drive, flash drive,
  cellular telephone, or other electronic, communication, or data
  storage device, the warrant is considered to have been executed
  within the time allowed under Subsection (a) if the device was
  seized before the expiration of the time allowed. Notwithstanding
  any other law, any data or information contained in or on a device
  seized may be recovered and analyzed after the expiration of the
  time allowed under Subsection (a).
         SECTION 2.  The change in law made by this Act applies only
  to a warrant issued on or after the effective date of this Act. A
  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.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1891 was passed by the House on April
  7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1891 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor