Bill Text: TX HB4357 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to requiring a search warrant to obtain or use certain purchase information in a criminal action.
Sponsorship: Partisan Bill (Republican 6)
Status: (Introduced - Dead) 2025-04-01 - Referred to Criminal Jurisprudence [HB4357 Detail]
Download: Texas-2025-HB4357-Introduced.html
| 89R15755 CJD-D | ||
| By: Shofner | H.B. No. 4357 | |
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| relating to requiring a search warrant to obtain or use certain | ||
| purchase information in a criminal action. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 18, Code of Criminal Procedure, is | ||
| amended by adding Article 18.25 to read as follows: | ||
| Art. 18.25. WARRANT REQUIRED FOR USE OF CERTAIN PURCHASE | ||
| INFORMATION. (a) In this section, "firearm" has the meaning | ||
| assigned by Section 46.01, Penal Code. | ||
| (b) A search warrant is required to obtain or use, in a | ||
| criminal investigation or prosecution, a record of a bank account | ||
| or credit or debit card relating to the sale of a firearm or | ||
| ammunition. | ||
| (c) A search warrant under this article may be issued only | ||
| by a judge, including a judge of a statutory county court, in the | ||
| same judicial district as the site of the law enforcement agency | ||
| that employs the peace officer who is applying for the warrant. | ||
| (d) A judge may issue a search warrant under this article | ||
| only on the application of a peace officer. An application must be | ||
| in writing and signed and sworn to or affirmed before the judge. | ||
| The application must: | ||
| (1) state the name, department, agency, and address of | ||
| the applicant; | ||
| (2) identify the record to be searched for and seized; | ||
| (3) state the name of the individual whose activity is | ||
| described by the record; | ||
| (4) state the judicial district in which the law | ||
| enforcement agency that employs the peace officer is located; and | ||
| (5) state the facts and circumstances that provide the | ||
| applicant with probable cause to believe that: | ||
| (A) criminal activity has been, is, or will be | ||
| committed; and | ||
| (B) the record is likely to produce evidence in | ||
| the investigation of the criminal activity described in Paragraph | ||
| (A). | ||
| (e) A record acquired without a search warrant under this | ||
| article is not admissible in a criminal action. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
