SB1497

Regular Session

Relating to the search of certain wireless communications devices by a peace officer.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Peace Officers • Law Enforcement Agencies

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Internal protocols must be updated by this date to utilize the law's benefits).
Agency Rulemaking: None. This is a modification to the Code of Criminal Procedure and is self-executing. Clarification will come solely through judicial precedent.

Immediate Action Plan

Update Protocols: Revise Loss Prevention manuals by August 1, 2025, to distinguish between "lost personal devices" (warrant required) and "fraud devices" (no warrant required).
Brief Legal/Risk Teams: Ensure in-house counsel is aware that the "chain of custody" for skimmers now allows for immediate forensic analysis.
Vendor Notification: Send a memo to POS security contractors advising them of the statutory change regarding device seizure and search.

Operational Changes Required

Contracts

Security & Maintenance Vendors: Review Master Service Agreements (MSAs) with third-party POS maintenance and security vendors. Amend Standard Operating Procedures (SOPs) to ensure that when vendors discover a skimmer, they treat it as evidence subject to immediate warrantless search, rather than a privacy-protected device.

Hiring/Training

Loss Prevention & Site Managers: Update training modules for staff who physically inspect terminals (e.g., gas pumps, ATMs). They must understand that unlike a lost customer cell phone, a skimming device has no privacy protection under this statute.
Law Enforcement Interaction: Train managers to explicitly request immediate analysis of the device when handing it over to responding officers, citing the exception in SB1497.

Reporting & Record-Keeping

Incident Response Logs: Because police can now access device data immediately, the timeline for identifying compromised customer data is accelerated. Update your Incident Response Plan to require immediate acquisition of the police Case Number to track the forensic results of the skimmer analysis.

Fees & Costs

No Direct Costs: There are no new government fees associated with this bill.
Potential Savings: Faster police access to skimmer data may reduce the window of exposure for data breaches, potentially lowering liability and notification costs.

Strategic Ambiguities & Considerations

The "Hybrid Device" Risk: The law exempts devices "manufactured for the purpose of illicitly obtaining payment card information." It is currently unclear how law enforcement will treat "burner" smartphones that have been modified with skimming software/hardware.
Operational Warning: If a skimmer looks like a standard consumer smartphone (e.g., a Samsung Galaxy taped inside a pump), police may still default to seeking a warrant to avoid the risk of evidence suppression. Do not assume immediate access in these specific "hybrid" cases.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--general Law Enforcement Electronic Equipment Search Warrants

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1497
89R9221 JDK-D	By: Nichols
	Criminal Justice
	3/7/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Article 18 of the Texas Code of Criminal Procedure requires law enforcement officers to obtain a search warrant before searching a cellular telephone or any other wireless communications device. However, the law does not clearly define what qualifies as an "other communications device," creating ambiguity about whether certain devices�such as those designed for criminal activity, like skimmers�fall under this requirement.

Skimmers are covert devices typically placed on ATMs, fuel pumps, and retail point-of-sale terminals to steal cardholder data from a payment card's magnetic stripe. Manufactured and distributed by criminal organizations, these devices serve no legitimate purpose and do not store personal communications, photos, or other private information. Their sole function is to facilitate financial fraud.

S.B. 1497 addresses the ambiguity in statute by stating that skimmers are not classified as "wireless communications devices" under the law. As a result, law enforcement officers can search these devices without obtaining a warrant.

As proposed, S.B. 1497 amends current law relating to the search of certain wireless communications devices by a peace officer.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 18.0215(a), Code of Criminal Procedure, to provide that a wireless communications device does not include a skimmer as defined by Section 607.001 (Definitions), Business & Commerce Code.

SECTION 2. Effective date: September 1, 2025.

Senate Authors

Sen. Robert NicholsRepublican · Primary Author

Coauthors (3)

House Sponsor

Rep. Mary PerezDemocrat · Primary Sponsor

Bill Text(with markup)

S.B. No. 1497

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the search of certain wireless communications devices
	by a peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 18.0215(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a) A peace officer may not search a person's cellular
	telephone or other wireless communications device, pursuant to a
	lawful arrest of the person without obtaining a warrant under this
	article. A wireless communications device does not include a
	skimmer as defined by Section 607.001, Business & Commerce Code, or
	a device manufactured for the purpose of illicitly obtaining
	payment card information or identifying information.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 10, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1497 by Nichols (Relating to the search of certain wireless communications devices by a peace officer.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend certain rules related to access to cellular telephones or other wireless communications devices. It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JMc, MGol, CSh, KVEL

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Frequently Asked Questions

Common questions about SB1497

What does Texas SB1497 do?

SB1497 codifies the requirement for law enforcement to obtain a warrant before searching a cellular telephone, but explicitly exempts payment card "skimmers" from this protection. This legislation primarily benefits retailers, fuel merchants, and financial institutions by authorizing law enforcement to immediately access and analyze seized fraud devices without the procedural delay of a warrant, expediting data breach investigations. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Internal protocols must be updated by this date to utilize the law's benefits).

Who authored SB1497?

SB1497 was authored by Texas Senator Robert Nichols during the Regular Session.

When was SB1497 signed into law?

SB1497 was signed into law by Governor Greg Abbott on May 30, 2025.

Which agencies enforce SB1497?

SB1497 is enforced by Texas Peace Officers and Law Enforcement Agencies.

How urgent is compliance with SB1497?

The compliance urgency for SB1497 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1497?

The cost impact of SB1497 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1497 address?

SB1497 addresses topics including criminal procedure, criminal procedure--general, law enforcement, electronic equipment and search warrants.

Legislative data provided by LegiScanLast updated: November 25, 2025

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