Texas Attorney General Opinion: H-770 Page: 2 of 8
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The Honorable Robert C. Flowers - page 2 (H-770)
i. May the Criminal Justice Division,
under Article V, Section 45, fund
dictating, transcribing or recording
systems, including multitrack recording
systems that are to be used in the
normal, routine operation of law enforce-
ment and criminal justice agencies?
2. May the Criminal Justice Division,
under Article V, Section 45, fund police/
citizen contact monitoring and recording
devices, portable tape recorders designed
and capable of concealment on the body,
portable microphones and transmitters
designed for concealment on the body,
attache cases with recorders, transmitters
and amplifiers, and similar equipment
which is designed for concealment on or
with the body, all of which has as its
primary design and use for consensual
operations under 18 U.S.C.A., Section
2511(2) (c)?
3. May the Criminal Justice Division,
under Article V, Section 45, fund direc-
tional, parabolic or 'shotgun' microphones,
room transmitters of sundry descriptions,
telephone adapters, couplers, transmitters
and induction coils and similar equipment
to be used only in a consensual manner but
which may have as its primary design and
use in a nonconsenting situation?
The appropriation act provision is ambiguous. Your
questions demonstrate that it is not clear whether it
prohibits funding of the most innocuous devices, such as
ordinary tape recorders or telephone answering devices,
which might be used to record any conversation made by wire.
The intention of the Legislature in enacting this
provision may be ascertained by consideration of the circum-
stances of its enactment and the federal law from which it
is apparently derived.p. 3249
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-770, text, January 23, 1976; (https://texashistory.unt.edu/ark:/67531/metapth271294/m1/2/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.