Tex.
Code of Crim. Proc. Article 18B.051
Requirements Regarding Request for and Filing of Application
(a)
A prosecutor with jurisdiction in a county within a judicial district described by Article 18B.052 (Jurisdiction) may file with a district judge in the judicial district an application for the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device.(b)
A prosecutor may file an application under this subchapter or under federal law on:(1)
the prosecutor’s own motion; or(2)
the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.(c)
A prosecutor must make an application personally and may not make the application through an assistant or other person acting on the prosecutor’s behalf if the prosecutor:(1)
files an application on the prosecutor’s own motion; or(2)
files an application for the installation and use of a pen register, ESN reader, or similar equipment on the request of an authorized peace officer not commissioned by the department, other than an authorized peace officer employed by a designated law enforcement office or agency.(d)
A prosecutor may make an application through an assistant or other person acting on the prosecutor’s behalf if the prosecutor files an application for the installation and use of:(1)
a pen register, ESN reader, or similar equipment on the request of:(A)
an authorized peace officer who is commissioned by the department; or(B)
an authorized peace officer of a designated law enforcement office or agency; or(2)
a trap and trace device or similar equipment on the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
Source:
Article 18B.051 — Requirements Regarding Request for and Filing of Application, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18B.htm#18B.051 (accessed Jun. 5, 2024).
