HB 1765

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
positive
Property Rights
neutral
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 1765 would establish new statewide restrictions on the issuance of no-knock arrest warrants and no-knock search warrants in Texas. The bill defines a "no-knock entry" as a peace officer's entry into a building to execute a warrant without first announcing the officer's authority or purpose. Under the bill, magistrates would generally be prohibited from authorizing no-knock entries, except under narrowly prescribed circumstances.

The bill would permit a no-knock warrant only if two conditions are met. First, the warrant application must be accompanied by a written approval signed by the chief administrator of the employing law enforcement agency, or that official's designee, expressly authorizing the use of a no-knock entry. Second, the warrant itself must require every officer executing the warrant to be in uniform or otherwise clearly identifiable as a peace officer. These additional procedural safeguards would apply equally to both arrest warrants and search warrants.

HB 1765 would also limit which magistrates may issue warrants authorizing no-knock entries. Authority would generally be restricted to district judges, statutory county court judges, county judges who are licensed attorneys, and municipal court of record judges who are licensed attorneys. In counties lacking those judicial officers, any magistrate could issue a qualifying no-knock warrant. Finally, the bill provides that these new requirements would apply only to warrants issued on or after September 1, 2025, preserving the validity of warrants issued before the effective date under prior law.

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1765 is not expected to have a significant fiscal impact on the state. The LBB anticipates that any administrative costs associated with implementing the bill's new requirements for issuing no-knock arrest and search warrants could be absorbed within the existing resources of affected state agencies. As a result, the bill is not expected to require additional appropriations or create a measurable impact on the state budget.

The LBB also concludes that no significant fiscal implication is anticipated for units of local government. Although local law enforcement agencies and courts may need to comply with the bill's new procedural requirements, such as obtaining written approval from agency leadership before requesting a no-knock warrant and ensuring executing officers are clearly identifiable, the LBB expects any associated administrative responsibilities to be handled using existing personnel and operational resources, without creating significant new costs.

Vote Recommendation Notes

HB 1765 places meaningful statutory limits on the use of no-knock arrest and search warrants by requiring executive-level approval within law enforcement agencies, restricting issuance primarily to higher-level judicial officers, and requiring officers executing such warrants to be clearly identifiable as law enforcement. While the bill does not prohibit no-knock warrants outright, it substantially narrows their use and establishes greater accountability for one of the most intrusive law enforcement practices. These reforms strengthen procedural safeguards while preserving the ability to authorize no-knock entries only under more limited and closely supervised circumstances.

The bill does not expand the size or scope of government. It creates no new agencies, programs, or regulatory authority, grants no additional rulemaking powers, and instead imposes statutory constraints on an existing governmental power. Rather than increasing government authority, the legislation limits official discretion by requiring additional approvals and narrowing which magistrates may authorize no-knock warrants.

The bill likewise does not increase the burden on taxpayers. According to the LBB, implementation is expected to have no significant fiscal impact on either state or local governments, with any administrative responsibilities absorbed using existing resources. No new appropriations, personnel, or ongoing expenditures are anticipated.

Finally, the legislation does not impose a regulatory burden on private individuals or businesses. Its requirements apply solely to the internal procedures governing law enforcement agencies and the judiciary when seeking and issuing no-knock warrants. It does not create new mandates, licensing requirements, reporting obligations, or compliance costs for the private sector. Although the bill stops short of prohibiting no-knock warrants entirely, it represents a meaningful step toward limiting their use, increasing accountability, and better protecting Texans' constitutional rights without expanding government or increasing taxpayer costs. As such, Texas Policy Research recommends that lawmakers vote YES on HB 1765.

  • Individual Liberty: The bill places meaningful limits on the government's authority to enter private homes without prior notice. By restricting the use of no-knock warrants and requiring additional approvals and officer identification, it strengthens protections against intrusive government action and reduces the risk of mistaken or unnecessary forced entries.
  • Personal Responsibility: The bill neither expands nor diminishes individual responsibility. It regulates law enforcement procedures rather than changing expectations or incentives for private citizens.
  • Free Enterprise: The bill does not regulate businesses, affect markets, or alter commercial activity. It has no meaningful impact on competition, licensing, or economic freedom.
  • Private Property Rights: By making it more difficult for the government to conduct unannounced forced entries onto private property, the bill provides stronger procedural protections for homeowners and property occupants. While it does not eliminate no-knock warrants, it better safeguards the right to peacefully possess and defend private property against unexpected government intrusion.
  • Limited Government: The bill restricts an existing government power rather than expanding it. It does not create new agencies, programs, or regulatory authority. Instead, it narrows executive and judicial discretion by requiring higher-level approval and limiting which magistrates may authorize no-knock warrants.
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