SRC-JRN, HRD C.S.H.B. 870 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 870
By: Gutierrez (West)
International Relations, Trade & Technology
4-30-97
Committee Report (Substituted)


DIGEST 

Currently, state law does not allow federal officers, such as customs
agents and border patrol officers, to detain people suspected of driving
while intoxicated.  This falls under the jurisdiction of state and local
public safety officers.  C.S.H.B. 870 would permit certain federal peace
officers, such as customs inspectors and/or border patrol officers, to
enforce state laws relating to driving while intoxicated.                  
                    
PURPOSE

As proposed, C.S.H.B. 870 permits certain federal peace officers, such as
customs inspectors and border patrol officers, to enforce state laws
relating to driving while intoxicated.                  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 2.122, Code of Criminal Procedure, by adding
Subsection (c), to provide that certain officials are not peace officers
under the laws of this state but, on the premises of a port facility
designated by the commissioner of the United States Immigration and
Naturalization Service as a port of entry for arrival in the United States
by land transportation from the United Mexican States into the State of
Texas, have the authority to detain a person pending transfer without
unnecessary delay to the peace officer if the official has probable cause
to believe that the person has engaged in conduct violatiing Section
49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the
violation may be disposed of in certain judicial proceedings. 

SECTION 2. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Article 2.122, Code of Criminal Procedure to set forth provisions
regarding the authority of a customs inspector who is not a peace officer
acting on the premises of a port facility.  Authorizes a customs inspector
to detain a person for probable cause, regardless of whether the violation
may be disposed of in a criminal proceeding or a juvenile justice
proceeding.