Section 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 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.Tex. Code Crim. Proc. § 18B.051
Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1058,Sec. 1.02, eff. 1/1/2019.