Art. 18B.323.  ISSUANCE OF WARRANT.  (a)  On the filing of an application for a warrant under this subchapter, a district judge may issue the warrant to obtain the disclosure of location information by a provider described by Article 18B.355(b), regardless of whether the location information is held at a location in this state or another state.
(b)  A warrant may not be issued under this article unless the sworn affidavit required by Article 18.01(b) provides sufficient and substantial facts to establish probable cause that:
(1)  the disclosure of the location information sought will:
(A)  produce evidence of an offense under investigation; or
(B)  result in the apprehension of a fugitive from justice; and
(2)  the location information sought is held in electronic storage in the possession, care, custody, or control of the service provider on which the warrant is served.
Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 5, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 6, eff. September 1, 2021.