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  H.B. No. 3237
 
 
 
 
AN ACT
  relating to the return of executed search warrants and the public
  availability of search warrant affidavits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.01(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  No search warrant shall issue for any purpose in this
  state unless sufficient facts are first presented to satisfy the
  issuing magistrate that probable cause does in fact exist for its
  issuance.  A sworn affidavit setting forth substantial facts
  establishing probable cause shall be filed in every instance in
  which a search warrant is requested.  Except as provided by Article
  18.011, the affidavit becomes [is] public information when the
  search warrant for which the affidavit was presented is [if]
  executed, and the magistrate's clerk shall make a copy of the
  affidavit available for public inspection in the clerk's office
  during normal business hours.
         SECTION 2.  Article 18.10, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18.10.  HOW RETURN MADE. Not later than three whole
  days after executing a search warrant, the officer shall return the
  search warrant. Upon returning the search warrant, the officer
  shall state on the back of the same, or on some paper attached to it,
  the manner in which the warrant [it] has been executed. The officer
  [and] shall also [likewise] deliver to the magistrate a copy of the
  inventory of the property taken into his possession under the
  warrant. The failure of an officer to make a timely return of an
  executed search warrant or to submit an inventory of the property
  taken into the officer's possession under the warrant does not bar
  the admission of evidence under Article 38.23. The officer who
  seized the property shall retain custody of it until the magistrate
  issues an order directing the manner of safekeeping the property.
  The property may not be removed from the county in which it was
  seized without an order approving the removal, issued by a
  magistrate in the county in which the warrant was issued; provided,
  however, nothing herein shall prevent the officer, or his
  department, from forwarding any item or items seized to a
  laboratory for scientific analysis.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3237 was passed by the House on May 4,
  2017, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3237 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor