Tex. Codes » Penal Code · TITLE 4. INCHOATE OFFENSES · CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
Texas Codes

Tex. Penal Code § 16.06 (2026)

Unlawful Installation Of Tracking Device

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Sec. 16.06. 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.

Added by Acts 1999, 76th Leg., ch. 728, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.828, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1122 (H.B. 1659), Sec. 1, eff. September 1, 2009.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2008–2024 · leading case: Davidson v. State, 249 S.W.3d 709 (Tex. App.—Austin 2008).
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Davidson v. State, 249 S.W.3d 709 (Tex. App.—Austin 2008). · cites it 2× “2007); Tex. Penal Code Ann. § 16.06 (West 2003).”
Yates Bros. Motor Co. v. Donna Watson, 548 S.W.3d 662 (Tex. App.—Texarkana 2018). “See TEX. PENAL CODE ANN. § 16.06 (West 2011).”
Ex parte Herbert E. Dishman III, No. 09-18-00301-CR (Tex. App.—Beaumont Dec. 12, 2018). · cites it 5× “See Tex. Penal Code Ann. § 16.06 (West 2011).”
Brett Wayne Johnson v. State of Texas, No. 12-24-00090-CR (Tex. App.—Tyler Sept. 30, 2024). · cites it 2× “The word “owner” is not defined in Texas Penal Code, Section 16.06. See TEX.”
Wendi Mae Davidson v. State, No. 03-06-00721-CR (Tex. App.—Austin Mar. 13, 2008). · cites it 3× “2007); Tex. Penal Code Ann. § 16.06 (West 2003).”
Wendi Mae Davidson v. State, No. 03-06-00720-CR (Tex. App.—Austin Mar. 13, 2008). · cites it 3× “2007); Tex. Penal Code Ann. § 16.06 (West 2003).”
Rhoades, Dustin Ryan, No. PD-1350-15 (Tex. Crim. App. Nov. 17, 2015). · cites it 2× “03 (c)(3) 18 TEX. PENAL CODE ANN. § 16.04(e)(4) 18 viii TEX.”
Michael Christopher Glick v. State, No. 10-19-00038-CR (Tex. App.—Waco Oct. 2, 2019). “TEX. PENAL CODE ANN. § 16.06. In his sole issue, Glick complains that there is no waiver of his right to counsel in the record, which is required for the trial court to allow him to proceed without counsel.”
Tex. Penal Code § 16.06(b): 1 case
Brett Wayne Johnson v. State of Texas, No. 12-24-00090-CR (Tex. App.—Tyler Sept. 30, 2024). “The word “owner” is not defined in Texas Penal Code, Section 16.06. See TEX.”
Tex. Penal Code § 16.06(d)(2): 1 case
Rhoades, Dustin Ryan, No. PD-1350-15 (Tex. Crim. App. Nov. 17, 2015). “03 (c)(3) 18 TEX. PENAL CODE ANN. § 16.04(e)(4) 18 viii TEX.”
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