1-1 By: Oakley (Senate Sponsor - Luna) H.B. No. 2614
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Criminal
1-4 Justice; May 22, 1995, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the jurisdiction of peace officers.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Article 14.03, Code of Criminal Procedure, is
1-11 amended by adding Subsection (g) to read as follows:
1-12 (g) A peace officer who is listed in Subdivision (1), (2),
1-13 (3), or (4), Article 2.12, is licensed under Chapter 415,
1-14 Government Code, and is outside of the officer's jurisdiction may
1-15 arrest without a warrant a person who commits any offense within
1-16 the officer's presence or view, except that an officer who is
1-17 outside the officer's jurisdiction may arrest a person for a
1-18 violation of the Uniform Act Regulating Traffic on Highways
1-19 (Article 6701d, Vernon's Texas Civil Statutes) only if the officer
1-20 is listed in Subdivision (4), Article 2.12. A peace officer making
1-21 an arrest under this subsection shall as soon as practicable after
1-22 making the arrest notify a law enforcement agency having
1-23 jurisdiction where the arrest was made. The law enforcement agency
1-24 shall then take custody of the person committing the offense and
1-25 take the person before a magistrate in compliance with Article
1-26 14.06.
1-27 SECTION 2. Section 341.001(e), Local Government Code, is
1-28 amended to read as follows:
1-29 (e) A police officer has:
1-30 (1) the powers, rights, duties, and jurisdiction
1-31 granted to or imposed on a peace officer by the Code of Criminal
1-32 Procedure <of a marshal of a Type A general-law municipality>; and
1-33 (2) other powers and duties prescribed by the
1-34 governing body.
1-35 SECTION 3. Section 341.021(e), Local Government Code, is
1-36 amended to read as follows:
1-37 (e) The marshal has the same power and jurisdiction as a
1-38 peace officer has under the Code of Criminal Procedure <the county
1-39 sheriff> to execute warrants, to prevent and suppress crime, and to
1-40 arrest offenders. The marshal has other powers, not inconsistent
1-41 with state law, that the governing body confers by ordinance.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended,
1-47 and that this Act take effect and be in force from and after its
1-48 passage, and it is so enacted.
1-49 * * * * *