Tex.
Code of Crim. Proc. Article 18B.355
Warrant Issued in This State: Execution of Warrant
(a)
Not later than the 11th day after the date of issuance, an authorized peace officer shall execute a warrant issued under Article 18B.354 (Warrant Issued in This State: Application and Issuance of Warrant), except that the peace officer shall execute the warrant within a shorter period if the district judge directs a shorter period in the warrant. For purposes of this subsection, a warrant is executed when the warrant is served in the manner described by Subsection (c).(b)
A warrant issued under Article 18B.354 (Warrant Issued in This State: Application and Issuance of Warrant) may be served only on a provider of an electronic communications service or a provider of a remote computing service that is a domestic entity or a company or entity otherwise doing business in this state under a contract or a terms of service agreement with a resident of this state, if any part of that contract or agreement is to be performed in this state.(c)
A search warrant issued under Article 18B.354 (Warrant Issued in This State: Application and Issuance of Warrant) is served when an authorized peace officer delivers the warrant by hand, by facsimile transmission, or, in a manner allowing proof of delivery, by means of the United States mail or a private delivery service to:(1)
a person specified by Section 5.255 (Agent for Service of Process, Notice, or Demand as Matter of Law), Business Organizations Code;(2)
the secretary of state in the case of a company or entity to which Section 5.251 (Failure to Designate Registered Agent), Business Organizations Code, applies; or(3)
any other person or entity designated to receive the service of process.(d)
The district judge shall hear and decide any motion to quash the warrant not later than the fifth business day after the date the service provider files the motion. The judge may allow the service provider to appear at the hearing by teleconference.
Source:
Article 18B.355 — Warrant Issued in This State: Execution of Warrant, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18B.htm#18B.355 (accessed Jun. 5, 2024).
