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                               * * * * *