GPS tracking is one of the most powerful tools in a surveillance investigation, and one of the most legally complicated. Texas law in this area has evolved significantly over the past decade, and the line between what's legal and what's criminal is not where most people assume it is.
If you're considering placing a GPS tracker, or if you suspect someone has placed one on your vehicle, here's what you need to know.
The Foundational Law: Texas Penal Code 16.06
Texas Penal Code Section 16.06 makes it a Class A misdemeanor to install a tracking device on a motor vehicle owned or leased by another person without their consent and without a court order. This is more restrictive than many people realize.
The key phrase is "owned or leased by another person." This covers a lot of ground that people assume is legal:
- You cannot legally place a GPS tracker on your spouse's car if the vehicle is titled exclusively in their name.
- You cannot track a vehicle owned by a business even if you have a stake in that business.
- You cannot track a vehicle your adult child drives if it's registered in their name.
When Is GPS Tracking Legal in Texas?
There are specific circumstances where GPS tracking is legal without a court order:
Your own vehicle: If you own the vehicle and have lent it to someone, you can track it. This applies to employer-owned vehicles issued to employees, a company can track its own fleet.
Jointly owned vehicles: If a vehicle is jointly titled, registered to both spouses, for example, the law is less clear. Texas courts have handled this inconsistently. The safest approach is to consult an attorney before placing a tracker on a jointly titled vehicle.
With the subject's consent: Consent makes tracking legal, but getting documented, voluntary consent in an investigation context defeats the purpose.
Court-ordered tracking: Law enforcement with appropriate court orders can track any vehicle. Private investigators do not have this authority.
What About Vehicles on Your Property?
A common scenario: your spouse comes home every night, and you want to place a tracker on their car while it's in your shared driveway. The physical location of the vehicle doesn't change the ownership analysis. If the vehicle is titled in their name, you may not legally place a tracking device on it, even if it's parked on property you own.
What Private Investigators Can Do Legally
As a licensed PI, I operate within the same legal framework that applies to any private citizen on GPS tracking, there is no PI exception to Section 16.06. What I can legally do:
Physical surveillance: Following a subject in public, documenting their movements, and using lawfully obtained photographs and video is legal surveillance that doesn't require GPS tracking and produces court-admissible evidence.
Surveillance of jointly-owned vehicles with appropriate legal analysis: When the ownership situation is genuinely shared, I work with your attorney to analyze whether tracking is lawful in your specific circumstances.
Tracking vehicles owned by the client: If you own the vehicle, I can assist with tracking as part of a broader investigation.
Passive observation and documentation: Stationary surveillance of a known location produces the same evidentiary result as tracking in many cases. I document where the subject is and what they're doing without the legal exposure of device placement.
If You Suspect You're Being Tracked
Texas law also criminalizes tracking someone without consent, which means if you believe a device has been placed on your vehicle, you may have a legal claim against whoever placed it.
I offer professional bug sweep services that include vehicle sweeps for GPS tracking devices. If you've recently gone through a separation or divorce, are involved in a contentious business dispute, or have reason to believe someone is monitoring your movements, a vehicle sweep is a straightforward process.
The Bottom Line
GPS tracking in Texas requires careful legal analysis before any device is placed. The consequences of getting it wrong, criminal charges, inadmissible evidence, civil liability, are serious. Before you consider placing a tracker, before you act on your own, call me. I'll tell you what's legal for your specific situation and how to get the documentation you need through means that hold up in court.
Learn more about surveillance laws in Texas. 512-801-9754.
