Art. 18A.202.  POSSESSION AND USE OF INTERCEPTION DEVICE IN EMERGENCY SITUATION.  (a)  The prosecutor in a county in which an interception device is to be installed or used shall designate in writing each peace officer in the county, other than a commissioned officer of the department, who is:
(1)  a member of a law enforcement unit specially trained to respond to and deal with life-threatening situations; and
(2)  authorized to possess an interception device and responsible for the installation, operation, and monitoring of the device in an immediate life-threatening situation.
(b)  A peace officer designated under Subsection (a) or Article 18A.301(c) may possess, install, operate, or monitor an interception device if the officer:
(1)  reasonably believes an immediate life-threatening situation exists that:
(A)  is within the territorial jurisdiction of the officer or another officer the officer is assisting; and
(B)  requires interception of communications before an interception order can, with due diligence, be obtained under this subchapter;
(2)  reasonably believes there are sufficient grounds under this subchapter on which to obtain an interception order; and
(3)  before beginning the interception, obtains oral or written consent to the interception from:
(A)  a judge of competent jurisdiction;
(B)  a district judge for the county in which the device will be installed or used; or
(C)  a judge or justice of a court of appeals or of a higher court.
(c)  If a peace officer installs or uses an interception device under Subsection (b), the officer shall:
(1)  promptly report the installation or use to the prosecutor in the county in which the device is installed or used; and
(2)  within 48 hours after the installation is complete or the interception begins, whichever occurs first, obtain a written interception order from a judge of competent jurisdiction.
(d)  A peace officer may certify to a communication common carrier that the officer is acting lawfully under this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.