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Can I collect device information from participants in Texas? What are the requirements?

Requirements for Collecting Device Information from Participants in Texas

If you are planning to collect device information from participants in Texas, there are certain requirements that you must comply with. The specific requirements depend on the type of device and the purpose of the collection.

Breath Alcohol Ignition Interlock Devices

If you are collecting device information from participants in Texas for breath alcohol ignition interlock devices, you must comply with the requirements set forth in 37 TXAC 10.31 [2.1]. Prior to submission of the request for approval, the device model must be tested for compliance with model specifications for breath alcohol ignition interlock devices established by the National Highway Traffic Safety Administration (NHTSA) at one or more independent laboratories not affiliated with the device manufacturer or the applicant seeking device approval. The testing specifications must be the most current ignition interlock model specifications published by NHTSA at the time that approval is requested. The testing laboratory must be accredited to the ISO 17025:2005 standard, or to a similar standard with an accreditation scope appropriate to the testing of breath alcohol ignition interlock devices. An application for approval of a device must include a written request for approval with contact information for the applicant, a production model of the device that is to be approved, manuals and other documentation necessary for the installation and operation of the device, documentation of all test data and results pursuant to the requirements of this section, with the name(s) of and contact information for each testing laboratory, a certified check or money order in the amount of $500.00, payable to the Texas Department of Public Safety, as a nonrefundable administrative processing fee, and a notarized document describing the results of the testing from each independent laboratory involved in establishing NHTSA compliance. The document shall certify that the device model complies with the most current specifications for breath alcohol ignition interlock devices established by NHTSA.

Other Devices

If you are collecting device information from participants in Texas for devices other than breath alcohol ignition interlock devices, you may be subject to licensure requirements under 25 TXAC 229.435 [4.2]. A person may not engage in the distribution or manufacture of devices in Texas unless the person has a valid license from the Commissioner of the Department of State Health Services for each place of business. However, there are certain exemptions to this requirement, such as intracompany sales, distribution from a place of business located outside the State of Texas, or the sale, purchase, or trade of a distressed or reconditioned device by a salvage broker or a salvage operator licensed under §229.605 of this title.

Unlawful Installation of Tracking Device

It is important to note that there are certain restrictions on the installation of tracking devices in Texas. Under Tex. Penal Section 16.06 [3.1], 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, unless the person obtained the effective consent of the owner or lessee of the motor vehicle before the electronic or mechanical tracking device was installed, 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 was a private investigator licensed under Chapter 1702, Occupations Code, who installed the device with written consent to install the device given by the owner or lessee of the motor vehicle and to enter private residential property, if that entry was necessary to install the device, given by the owner or lessee of the property, or pursuant to an order of or other authorization from a court to gather information.

Use of Interception Device by Inspector General

Additionally, the office of inspector general of the Texas Department of Criminal Justice may use an interception device to detect the presence or use of a cellular telephone or other wireless communications device in a correctional facility, intercept, monitor, detect, or, as authorized by applicable federal laws and regulations, prevent the transmission of a communication through a cellular telephone or other wireless communications device in a correctional facility, and use, to the extent authorized by law, any information obtained under Subdivision (2), including the contents of an intercepted communication, in a criminal or civil proceeding before a court or other governmental agency or entity, as set forth in Tex. Code of Criminal Procedure Art. 18A.252 [5.1].

Conclusion

In conclusion, the requirements for collecting device information from participants in Texas depend on the type of device and the purpose of the collection. If you are collecting device information for breath alcohol ignition interlock devices, you must comply with the requirements set forth in 37 TXAC 10.31. If you are collecting device information for devices other than breath alcohol ignition interlock devices, you may be subject to licensure requirements under 25 TXAC 229.435, unless you qualify for an exemption. Additionally, there are certain restrictions on the installation of tracking devices in Texas under Tex. Penal Section 16.06.

Source(s):
Jurisdiction

Texas