74R7057 GWK-D
By Telford H.B. No. 1155
Substitute the following for H.B. No. 1155:
By Oakley C.S.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 is transporting an inmate or criminal defendant from a county in
1-17 the adjoining state that is on the border between the two states to
1-18 a hospital or other medical facility in a county in this state that
1-19 is on the border between the two states; or
1-20 (B) the peace officer is returning the inmate or
1-21 defendant from the hospital or facility to the county in the
1-22 adjoining state; and
1-23 (2) to the extent necessary to:
1-24 (A) maintain custody of the inmate or defendant
2-1 while transporting the inmate or defendant; or
2-2 (B) regain custody of the inmate or defendant if
2-3 the inmate or defendant escapes while being transported.
2-4 SECTION 2. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.