1-1                                   AN ACT

 1-2     relating to the authority of certain federal agents to enforce

 1-3     state law relating to public intoxication and driving while

 1-4     intoxicated.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Article 2.122, Code of Criminal Procedure, is

 1-7     amended by adding Subsection (c) to read as follows:

 1-8           (c)  A customs inspector of the United States Customs Service

 1-9     or a border patrolman or immigration officer of the United States

1-10     Department of Justice is not a peace officer under the laws of this

1-11     state but, on the premises of a port facility designated by the

1-12     commissioner of the United States Immigration and Naturalization

1-13     Service as a port of entry for arrival in the United States by land

1-14     transportation from the United Mexican States into the State of

1-15     Texas, has the authority to detain a person pending transfer

1-16     without unnecessary delay to a peace officer if the inspector,

1-17     patrolman, or officer has probable cause to believe that the person

1-18     has engaged in conduct that is a violation of  Section 49.02,

1-19     49.04, 49.07, or 49.08, Penal Code, regardless of whether the

1-20     violation may be disposed of in a criminal proceeding or a juvenile

1-21     justice proceeding.

1-22           SECTION 2.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 870 was passed by the House on April

         11, 1997, by the following vote:  Yeas 132, Nays 0, 2 present, not

         voting; and that the House concurred in Senate amendments to H.B.

         No. 870 on May 14, 1997, by the following vote:  Yeas 140, Nays 0,

         1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 870 was passed by the Senate, with

         amendments, on May 10, 1997, by the following vote:  Yeas 30, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor