By Telford H.B. No. 1155
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the limited authority of a peace officer from an
1-3 adjoining state to transport certain criminal defendants in this
1-4 state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-7 by adding Article 2.124 to read as follows:
1-8 Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. A
1-9 commissioned peace officer of a state of the United States of
1-10 America adjoining this state, while the officer is in this state,
1-11 has the same powers, duties, and immunities of a peace officer of
1-12 this state who is acting in the discharge of an official duty, but
1-13 only:
1-14 (1) during a time in which:
1-15 (A) the peace officer from the adjoining state
1-16 has physical custody of an inmate or criminal defendant and is
1-17 transporting the inmate or defendant from a county in the adjoining
1-18 state that is on the border between the two states to a hospital or
1-19 other medical facility in a county in this state that is on the
1-20 border between the two states; or
1-21 (B) the peace officer has physical custody of
1-22 the inmate or defendant and is returning the inmate or defendant
1-23 from the hospital or facility to the county in the adjoining state;
1-24 and
2-1 (2) to the extent necessary to:
2-2 (A) maintain physical custody of the inmate or
2-3 defendant while transporting the inmate or defendant; or
2-4 (B) regain physical custody of the inmate or
2-5 defendant if the inmate or defendant escapes while being
2-6 transported.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.