Relating to the search of certain wireless communications devices by a peace officer.
Summary
SB 1497 amends Article 18.0215 of the Texas Code of Criminal Procedure to clarify that, after a lawful arrest, a peace officer may not search a person’s cellular telephone or other wireless communications device without first obtaining a warrant. The bill preserves the existing warrant requirement for searches of phones and similar devices incident to arrest.
The bill also specifies that the term “wireless communications device” does not include a skimmer, as defined in the Business & Commerce Code, or a device made for the purpose of unlawfully obtaining payment card information or identifying information. The measure takes effect September 1, 2025.
Impact
The bill narrows and clarifies Texas law governing searches incident to arrest by reinforcing the warrant requirement for cellular telephones and other wireless communications devices. It leaves intact law enforcement authority to search those devices only when a warrant is obtained, while carving out skimmers and similar illicit card-data devices from the definition of wireless communications device. The practical effect is to limit warrantless access to digital data on phones and related devices and to distinguish those devices from anti-fraud equipment covered elsewhere in law.
Sentiment
The available voting history shows strong bipartisan support and no recorded opposition: the Senate passed the bill 31-0 and the House passed it 146-0, with three members present not voting. No committee transcript is available, but the unanimous floor votes suggest the bill was viewed favorably and as a relatively noncontroversial clarification of search-and-seizure rules.
Contention
There is little evidence of substantive contention in the available record. The main policy issue is the balance between privacy interests in digital devices and law enforcement’s ability to search items incident to arrest. The bill resolves that issue in favor of requiring a warrant for phones and similar devices, while also excluding skimmers and devices used to steal payment card or identifying information from the protected category, likely to avoid limiting enforcement against fraud-related equipment.
Revises provisions related to the use of cellular telephones and other handheld wireless communications devices by minors while operating a motor vehicle. (BDR 43-251)