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.