1-1 By: Telford (Senate Sponsor - Ratliff) H.B. No. 1155 1-2 (In the Senate - Received from the House March 16, 1995; 1-3 March 20, 1995, read first time and referred to Committee on 1-4 Criminal Justice; April 28, 1995, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; April 28, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the limited authority of a peace officer from an 1-9 adjoining state to transport certain criminal defendants in this 1-10 state. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended 1-13 by adding Article 2.124 to read as follows: 1-14 Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. A 1-15 commissioned peace officer of a state of the United States of 1-16 America adjoining this state, while the officer is in this state, 1-17 has the same powers, duties, and immunities of a peace officer of 1-18 this state who is acting in the discharge of an official duty, but 1-19 only: 1-20 (1) during a time in which: 1-21 (A) the peace officer from the adjoining state 1-22 has physical custody of an inmate or criminal defendant and is 1-23 transporting the inmate or defendant from a county in the adjoining 1-24 state that is on the border between the two states to a hospital or 1-25 other medical facility in a county in this state that is on the 1-26 border between the two states; or 1-27 (B) the peace officer has physical custody of 1-28 the inmate or defendant and is returning the inmate or defendant 1-29 from the hospital or facility to the county in the adjoining state; 1-30 and 1-31 (2) to the extent necessary to: 1-32 (A) maintain physical custody of the inmate or 1-33 defendant while transporting the inmate or defendant; or 1-34 (B) regain physical custody of the inmate or 1-35 defendant if the inmate or defendant escapes while being 1-36 transported. 1-37 SECTION 2. The importance of this legislation and the 1-38 crowded condition of the calendars in both houses create an 1-39 emergency and an imperative public necessity that the 1-40 constitutional rule requiring bills to be read on three several 1-41 days in each house be suspended, and this rule is hereby suspended, 1-42 and that this Act take effect and be in force from and after its 1-43 passage, and it is so enacted. 1-44 * * * * *