Tex. Code of Crim. Proc. Article 18A.055
Application for Interception Order


(a)

A prosecutor applying for an interception order must make the application in writing under oath to a judge of competent jurisdiction.

(b)

An application must:

(1)

identify the prosecutor making the application and state the prosecutor’s authority to make the application;

(2)

identify the officer requesting the application;

(3)

include a complete statement of the facts and circumstances relied on by the prosecutor to justify the prosecutor’s belief that an order should be issued, including:

(A)

details about the particular offense that has been, is being, or is about to be committed;

(B)

except as otherwise provided by this chapter, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;

(C)

a particular description of the type of communication sought to be intercepted; and

(D)

the identity of the person, if known, committing the offense and whose communications are to be intercepted;

(4)

include a complete statement as to whether other investigative procedures have been attempted and have failed or why those procedures reasonably appear to be unlikely to succeed or to be too dangerous if attempted;

(5)

include a statement of the period for which the interception is required to be maintained and, if the nature of the investigation indicates that the interception order should not automatically terminate when the described type of communication is first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the described type of communication is obtained;

(6)

include a statement whether a covert entry will be necessary to properly and safely install wiretapping, electronic surveillance, or eavesdropping equipment and, if a covert entry is requested, a statement as to why a covert entry is necessary and proper under the facts of the particular investigation, including a complete statement as to whether other investigative techniques have been attempted and have failed or why those techniques reasonably appear to be unlikely to succeed or to be too dangerous if attempted or are not feasible under the circumstances or exigencies of time;

(7)

include a complete statement of the facts concerning all applications known to the prosecutor that have been previously made to a judge for an interception order involving any persons, facilities, or places specified in the application and of the action taken by the judge on each application;

(8)

if the application is for the extension of an order, include a statement providing the results already obtained from the interception or a reasonable explanation of the failure to obtain results; and

(9)

if the application is made under Article 18A.054 (Alternate Jurisdiction), fully explain the circumstances justifying application under that article.

(c)

In an ex parte hearing in chambers, the judge may require additional testimony or documentary evidence to support the application. The testimony or documentary evidence must be preserved as part of the application.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.

Source: Article 18A.055 — Application for Interception Order, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­18A.­htm#18A.­055 (accessed Mar. 23, 2024).

18A.001
Definitions
18A.002
Nonapplicability
18A.051
Judge of Competent Jurisdiction
18A.052
Request for Filing of Interception Application
18A.053
Jurisdiction
18A.054
Alternate Jurisdiction
18A.055
Application for Interception Order
18A.101
Offenses for Which Interception Order May Be Issued
18A.102
Judicial Determinations Required for Issuance of Interception Order
18A.103
Contents of Interception Order
18A.104
Limitation on Covert Entry
18A.105
Authority to Issue Certain Ancillary Orders
18A.106
Order to Third Party to Assist with Execution of Interception Order
18A.107
Duration of Interception Order
18A.108
Extension of Interception Order
18A.109
Report on Need for Continued Interception
18A.110
Subsequent Criminal Prosecution Related to Interception Order
18A.151
Requirements Regarding Interception Order for Communication by Specified Person
18A.152
Implementation of Interception Order
18A.153
Motion to Modify or Quash Interception Order
18A.201
Definitions
18A.202
Possession and Use of Interception Device in Emergency Situation
18A.203
Consent for Emergency Interception
18A.204
Written Order Authorizing Interception
18A.205
Certain Evidence Not Admissible
18A.251
Definition
18A.252
Use of Interception Device by Inspector General
18A.253
Reporting Use of Interception Device
18A.254
No Expectation of Privacy
18A.301
Department of Public Safety Authorized to Possess and Use Interception Device
18A.302
Texas Department of Criminal Justice Authorized to Possess and Use Interception Device
18A.303
Texas Juvenile Justice Department Authorized to Possess and Use Interception Device
18A.351
Disclosure or Use of Intercepted Communications
18A.352
Disclosure Under Oath
18A.353
Privileged Communications
18A.354
Disclosure or Use of Incidentally Intercepted Communications
18A.355
Notice and Disclosure of Interception Application, Interception Order, and Intercepted Communications
18A.356
Notice of Interception Required
18A.357
Communications Received in Evidence
18A.358
Suppression of Contents of Intercepted Communications
18A.401
Sealing of Application or Order
18A.402
Custody of Applications and Orders
18A.403
Disclosure of Application or Order
18A.404
Destruction of Application or Order
18A.451
Creation of Recordings
18A.452
Duplication of Recordings
18A.453
Sealing and Custody of Recordings
18A.454
Destruction of Recordings
18A.455
Prerequisite for Use or Disclosure of Recording in Certain Proceedings
18A.501
Contempt
18A.502
Recovery of Civil Damages by Aggrieved Person
18A.503
Action Brought by Federal or State Government
18A.504
Good Faith Defense Available
18A.505
No Cause of Action
18A.551
Report of Intercepted Communications by Judge
18A.552
Report of Intercepted Communications by Prosecutor
18A.553
Report of Intercepted Communications by Department of Public Safety

Accessed:
Mar. 23, 2024

Art. 18A.055’s source at texas​.gov