Ask Reggi Your Question Now
Can I collect location information from participants in Texas? What are the requirements?
Collecting Location Information from Participants in Texas
Based on the documents provided, collecting location information from participants in Texas is subject to certain requirements.
Under Tex. Code Crim. Proc. Art. 18B.321, a warrant is required to obtain the disclosure of location information held in electronic storage [1.1][1.2][1.3][1.4]. Only a prosecutor or a prosecutor’s assistant with jurisdiction in a county within a judicial district may file an application for a warrant, which must be supported by a sworn affidavit [1.1].
However, in emergency situations where an immediate life-threatening situation exists, an authorized peace officer may require the disclosure of location information without a warrant, but must obtain a warrant within 48 hours [1.5].
All information submitted to the department is subject to the Texas Public Information Act (PIA), and information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies [2.2].
In addition to the above requirements, if you intend to collect location information from participants in Texas, you must comply with the following additional requirements:
Citizen Participation Process [2.3]
- Develop and follow a detailed citizen participation plan that sets forth the community’s policies and procedures for citizen participation and must make the plan public.
- Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which TxCDBG funds are proposed to be used.
- Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the community’s proposed and actual use of TxCDBG funds.
- Furnish citizens information, including but not limited to: the amount of TxCDBG funds expected to be made available for the current program year; the range of activities that may be undertaken with the TxCDBG funds; the estimated amount of the TxCDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and the proposed activities likely to result in displacement and the community’s anti-displacement and relocation plans required under 24 CFR §570.488.
- Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals for the use of TxCDBG funds.
- Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens’ views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities, and a review of program performance.
- Provide reasonable notice of hearings and hold hearings at times and locations convenient to potential or actual beneficiaries, with reasonable accommodations including material in accessible formats for persons with disabilities.
- Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application and, for grants already made, activities which are proposed to be added, deleted or substantially changed from the community’s application to the department.
- Provide written procedures that citizens must follow when submitting complaints and grievances, which include the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances within 15 working days where practicable.
Additional Public Hearing Requirements [2.1]
- Communities must conduct public hearings in accordance with the requirements of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, including notice requirements.
- Public hearings must be held at times and locations convenient to potential or actual beneficiaries (no earlier than 5:00 p.m. on a weekday or at a convenient time on a Saturday or Sunday); and conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate.
- Each public notice of hearing must be published in a local newspaper of general circulation at least 72 hours prior to the scheduled meeting; include the date, time, and location of the hearing and the topics to be considered at the hearing; be printed in English or the language predominantly spoken by non-English speaking residents in the proposed beneficiary area; be posted and prominently displayed in public buildings; and be distributed to local organizations that provide services or housing for low and moderate income persons, including but not limited to faith-based organizations, the local or area Public Housing Authority, the local or area health and human services office, and the local or area mental health and mental retardation office.
- Failure to comply with public notice requirements will result in disqualification of an application.
Therefore, if you intend to collect location information from participants in Texas, you must comply with the requirements outlined in the documents provided, including obtaining a warrant or complying with emergency disclosure requirements, ensuring compliance with the Texas Public Information Act and federal single audit requirements, and complying with the Citizen Participation Process and Additional Public Hearing Requirements.
Source(s):
- [1.1] WARRANT REQUIRED FOR CERTAIN LOCATION INFORMATION HELD IN ELECTRONIC STORAGE.
- [2.1] Additional Public Hearing Requirements
- [2.2] Public Information in Applications
- [2.3] Citizen Participation Process
- [1.2] CERTAIN EVIDENCE NOT ADMISSIBLE.
- [1.3] ISSUANCE OF WARRANT.
- [1.4] APPLICABILITY.
- [1.5] EMERGENCY DISCLOSURE.
Jurisdiction
Texas