By Oakley                                             H.B. No. 2614
       74R4918 PEP-F
                                 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 2.13, Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        Art. 2.13.  Duties and powers.  It is the duty of every peace
    1-7  officer to preserve the peace within this state <his jurisdiction>.
    1-8  To effect this purpose, he shall use all lawful means.  He shall in
    1-9  every case where he is authorized by the provisions of this Code,
   1-10  interfere without warrant to prevent or suppress crime.  He shall
   1-11  execute all lawful process issued to him by any magistrate or
   1-12  court.  He shall give notice to a <some> magistrate of a county in
   1-13  which an offense is <all offenses> committed <within his
   1-14  jurisdiction>, where he has good reason to believe there has been a
   1-15  violation of the penal law.  He shall arrest offenders without
   1-16  warrant in every case where he is authorized by law, in order that
   1-17  they may be taken before the proper magistrate or court and be
   1-18  tried.
   1-19        SECTION 2.  Article 14.01, Code of Criminal Procedure, is
   1-20  amended to read as follows:
   1-21        Art. 14.01.  OFFENSE WITHIN VIEW.  (a)  Any <A peace officer
   1-22  or any other> person, may, without a warrant, arrest an offender
   1-23  when the offense is committed in his presence or within his view,
   1-24  if the offense is one classed as a felony or as an offense against
    2-1  the public peace.
    2-2        (b)  A peace officer, regardless of whether the officer is
    2-3  licensed under Chapter 415, Government Code, may, within the
    2-4  officer's jurisdiction, arrest an offender without a warrant for
    2-5  any offense committed in his presence or within his view.
    2-6        SECTION 3.  Article 14.03(d), Code of Criminal Procedure, is
    2-7  amended to read as follows:
    2-8        (d)  A peace officer licensed under Chapter 415, Government
    2-9  Code, who is outside his jurisdiction may arrest, without warrant,
   2-10  a person who commits an offense within the officer's presence or
   2-11  view, unless <if> the offense is <a felony,> a violation of the
   2-12  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   2-13  Texas Civil Statutes) <Title 9, Chapter 42, Penal Code, a breach of
   2-14  the peace, or an offense under Section 49.02, Penal Code>.  A peace
   2-15  officer making an arrest in a county other than the county in which
   2-16  the agency that employs the officer is located <under this
   2-17  subsection> shall, as soon as practicable after making the arrest,
   2-18  notify a law enforcement agency in the county <having jurisdiction>
   2-19  where the arrest was made.  The officer <law enforcement agency>
   2-20  shall then take <custody of the person committing the offense and
   2-21  take> the person arrested before a magistrate in compliance with
   2-22  Article 14.06 of this code.
   2-23        SECTION 4.  Section 341.001(e), Local Government Code, is
   2-24  amended to read as follows:
   2-25        (e)  A police officer has:
   2-26              (1)  the powers, rights, duties, and jurisdiction
   2-27  granted to or imposed on a peace officer by the Code of Criminal
    3-1  Procedure <of a marshal of a Type A general-law municipality>; and
    3-2              (2)  other powers and duties prescribed by the
    3-3  governing body.
    3-4        SECTION 5.  Section 341.021(e), Local Government Code, is
    3-5  amended to read as follows:
    3-6        (e)  The marshal has the same power and jurisdiction as a
    3-7  peace officer has under the Code of Criminal Procedure <the county
    3-8  sheriff> to execute warrants, to prevent and suppress crime, and to
    3-9  arrest offenders.  The marshal has other powers, not inconsistent
   3-10  with state law, that the governing body confers by ordinance.
   3-11        SECTION 6.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended,
   3-16  and that this Act take effect and be in force from and after its
   3-17  passage, and it is so enacted.