Tex.
Penal Code Section 16.06
Unlawful Installation of Tracking Device
(a)
In this section:(1)
“Electronic or mechanical tracking device” means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.(2)
“Motor vehicle” has the meaning assigned by Section 501.002 (Definitions), Transportation Code.(b)
A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.(c)
An offense under this section is a Class A misdemeanor.(d)
It is an affirmative defense to prosecution under this section that the person:(1)
obtained the effective consent of the owner or lessee of the motor vehicle before the electronic or mechanical tracking device was installed;(2)
assisted another whom the person reasonably believed to be a peace officer authorized to install the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency; or(3)
was a private investigator licensed under Chapter 1702 (Private Security), Occupations Code, who installed the device:(A)
with written consent:(i)
to install the device given by the owner or lessee of the motor vehicle; and(ii)
to enter private residential property, if that entry was necessary to install the device, given by the owner or lessee of the property; or(B)
pursuant to an order of or other authorization from a court to gather information.(e)
This section does not apply to a peace officer who installed the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency.
Source:
Section 16.06 — Unlawful Installation of Tracking Device, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm#16.06 (accessed Apr. 13, 2024).
