HBA-EDN H.B. 619 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 619 By: Capelo Criminal Jurisprudence 4/8/2001 Introduced BACKGROUND AND PURPOSE Under current law, a sworn affidavit setting forth substantial facts establishing probable cause is required before the issuance of a search warrant. However, according to the language of the Texas Constitution, a search warrant may be supported by oath or affirmation. House Bill 619 authorizes such an affidavit to be sworn to or affirmed by the affiant, thus conforming statutory language to the language found in the constitution. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 619 amends the Code of Criminal Procedure to authorize an affidavit setting forth substantial facts establishing probable cause for a search warrant to be affirmed by the affiant. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.