SB 1497 strengthens digital privacy protections by prohibiting peace officers from searching a person’s cellular telephone or other wireless communications device without a warrant, even during a lawful arrest. This change amends Article 18.0215(a) of the Texas Code of Criminal Procedure to ensure that law enforcement officials adhere to constitutional search and seizure protections under the Fourth Amendment. The bill reinforces the requirement that any search of personal digital information must be conducted with judicial oversight, preventing warrantless access to private messages, photos, emails, and other sensitive data.

The bill also clarifies that skimmers—devices used for illicitly obtaining payment card information or personal identifying details—are not considered wireless communication devices under this provision. This exception allows law enforcement to continue targeting fraudulent financial crimes without unnecessary procedural barriers. SB 1497 ensures that while Texans' digital privacy is upheld, criminal tools remain subject to seizure when used for illegal activity.

The originally filed version of SB 1497 focused on prohibiting peace officers from searching a person’s cellular telephone or other wireless communication device without a warrant, specifically in the case of a lawful arrest. It also included a narrow definition of a wireless communications device, explicitly excluding skimmers (devices used for illicitly obtaining payment card information) as defined in Section 607.001, Business & Commerce Code​.

The Committee Substitute version retains the core prohibition on warrantless searches of personal mobile devices but makes a notable expansion in its language. It clarifies that a skimmer or any device manufactured for the illicit collection of payment card information or identifying information is not considered a wireless communications device under the law. This distinction ensures that law enforcement can still seize and investigate fraudulent devices without requiring a warrant.

Thus, the main change in the Committee Substitute is a broader definition of devices that do not qualify for warrant protection, ensuring that digital privacy rights are upheld for personal devices, while also preserving law enforcement’s ability to combat financial fraud more effectively.