I see. Thank you for clarifying that, Melissa.
Under the law, it is technically not lawful to install a GPS device without the consent of the owner. Since you are a co-owner, this is a gray area, since there is an affirmative defense any allegation of wrongdoing that you had provided your consent as a co-owner of the vehicle.
The specific circumstances you cite have not been decided by a TX court yet, so there is some risk of criminal prosecution if you do install the device and your spouse ultimately reports it to the police. If the vehicle were only in your name, there would typically be little to no risk, but since it is co-owned by your husband, there is some risk of criminal prosecution if he were to report the device to the police.
To protect yourself, you could hire a licensed private investigator to place the device. Since you would not be the one placing it, you could normally avoid criminal prosecution.
Here are two links that provide a) a summary of the state of current law, and b) citation to the relevant TX code for your review:
I hope this helps clarify the situation for you.
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