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, 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, 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.Amended By Acts 2009, 81st Leg., R.S., Ch. 1122, Sec. 1, eff. 9/1/2009.Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.828, eff. 9/1/2001.Added by Acts 1999, 76th Leg., ch. 728, Sec. 1, eff. 9/1/1999.