SRC-TNM S.B. 87 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 87
By: West
International Relations, Trade & Technology
2-13-97
As Filed


DIGEST 

Currently, many Texas counties which share a border with Mexico experience
a significant number of arrests for underage drinking violations, as well
as a substantial number of underage alcoholrelated traffic fatalities.
For example, in 1993 and 1994, Hidalgo County ranked number one among all
counties in Texas in the number of juvenile arrests for drunkenness.
Young people often cross the border to Mexico to drink alcohol where the
drinking age is 18.  Many of these young people reenter the United States
at the border and are detected for driving while intoxicated by border
patrol agents, but are usually not detained by the agents, who lack the
power of arrest under state law.  The current Texas Code of Criminal
Procedure allows certain federal agents of the FBI, Secret Service, and
Drug Enforcement Agency to have powers of arrest, search, and seizure as
to felony offenses under Texas law, but are not deemed Texas peace
officers.  S.B. 87 extends the authority of arrest, search, and seizure to
federal border patrol agents for the limited purpose of enforcing driving
while intoxicated offenses only.  

PURPOSE

As proposed, S.B. 87 outlines provisions relating to the authority of
certain federal peace officers to enforce state law 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 a customs inspector or border patrolman of
the United States Customs Service is not a peace officer under the laws of
this state but has the powers of arrest, search, and seizure as to an
offense under Section 49.04, Penal Code, or under Section 49.07 or 49.08,
Penal Code, committed while the actor was operating a motor vehicle. 

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