Bill > SB797

This bill expands Texas law regarding unlawful tracking device installation and use, broadening existing criminal statutes to cover not just installing tracking devices on someone else's motor vehicle, but also using tracking devices to determine another person's location or movement without consent. The bill defines key terms like "electronic or mechanical tracking device" and introduces the concept of "effective consent," which can be invalidated if obtained through deception, coercion, fraud, force, or if given by someone unable to make reasonable decisions. The legislation creates specific affirmative defenses to prosecution, including obtaining consent from the vehicle owner or tracked person, parents tracking their minor children, law enforcement conducting investigations, licensed private investigators working with written consent, and those assisting authorized peace officers. Importantly, the bill adds a provision that consent becomes invalid if the tracking device is used for purposes other than those for which consent was originally given. The changes will apply only to offenses committed on or after September 1, 2025, with previous offenses still governed by the law in effect at the time they were committed.