By Oakley H.B. No. 2614
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of peace officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 14.03, Code of Criminal Procedure, is
1-5 amended by adding Subsection (g) to read as follows:
1-6 (g) A peace officer who is listed in Subdivision (1), (2),
1-7 (3), or (4), Article 2.12, is licensed under Chapter 415,
1-8 Government Code, and is outside of the officer's jurisdiction may
1-9 arrest without a warrant a person who commits any offense within
1-10 the officer's presence or view, except that an officer who is
1-11 outside the officer's jurisdiction may arrest a person for a
1-12 violation of the Uniform Act Regulating Traffic on Highways
1-13 (Article 6701d, Vernon's Texas Civil Statutes) only if the officer
1-14 is listed in Subdivision (4), Article 2.12. A peace officer making
1-15 an arrest under this subsection shall as soon as practicable after
1-16 making the arrest notify a law enforcement agency having
1-17 jurisdiction where the arrest was made. The law enforcement agency
1-18 shall then take custody of the person committing the offense and
1-19 take the person before a magistrate in compliance with Article
1-20 14.06.
1-21 SECTION 2. Section 341.001(e), Local Government Code, is
1-22 amended to read as follows:
1-23 (e) A police officer has:
1-24 (1) the powers, rights, duties, and jurisdiction
2-1 granted to or imposed on a peace officer by the Code of Criminal
2-2 Procedure <of a marshal of a Type A general-law municipality>; and
2-3 (2) other powers and duties prescribed by the
2-4 governing body.
2-5 SECTION 3. Section 341.021(e), Local Government Code, is
2-6 amended to read as follows:
2-7 (e) The marshal has the same power and jurisdiction as a
2-8 peace officer has under the Code of Criminal Procedure <the county
2-9 sheriff> to execute warrants, to prevent and suppress crime, and to
2-10 arrest offenders. The marshal has other powers, not inconsistent
2-11 with state law, that the governing body confers by ordinance.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.