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Bill

SB 797

Relating to the unlawful installation or use of a tracking device.

89th Legislature (2025) Introduced by Sarah Eckhardt

SB 797 criminalizes unauthorized installation or use of tracking devices on property without owner consent to protect against stalking and privacy violations.

Referred to Criminal Justice
#crimes--againstpersons--general(i0170) #electronicequipment(s0554)
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Bill Summary · SB 797

Legislative bill overview

SB 797 establishes criminal penalties for the unauthorized installation or use of tracking devices on vehicles or other property without the owner's consent. The bill aims to address stalking and surveillance concerns by creating a clear legal framework criminalizing covert tracking activities that invade personal privacy and safety.

Why is this important

Tracking device technology has become increasingly accessible and affordable, making it easier for individuals to conduct unauthorized surveillance for purposes like stalking, harassment, or theft recovery without consent. Clear legal prohibitions protect Texans from privacy violations and potentially dangerous situations, while also providing law enforcement with specific statutes to prosecute offenders. This addresses a growing real-world problem as GPS and AirTag-style devices proliferate.

Potential points of contention

  • Legitimate use exceptions: The bill must balance protection against stalking while potentially allowing law enforcement tracking with warrants, parental monitoring of minors, and fleet management by employers—distinctions that require careful legal language.
  • Consent definition: Determining what constitutes valid "consent" could be ambiguous in relationships, family situations, or employment contexts where power imbalances exist.
  • Penalty severity: Questions may arise about appropriate criminal classification and sentencing levels compared to other privacy violations or harassment statutes already in Texas law.

Compiled from official sources — confirm details with the bill’s official record.

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