By Gutierrez, Flores, Wise, Solis, Hinojosa,           H.B. No. 870

                                        et al. 

                     Substitute the following for H.B. No. 870:

         By Hinojosa                                        C.S.H.B. No. 870

                                A BILL TO BE ENTITLED

 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 shall not be deemed to be a peace officer

1-11     under the laws of this state, but has the authority to detain a

1-12     person and to transfer the custody of that person to a peace

1-13     officer of this state, if the inspector, patrolman or agent has

1-14     probable cause to believe that the person has committed an offense

1-15     under Section 49.02, 49.04, 49.07, or 49.08, Penal Code.  Subject

1-16     to the forgoing condition, a customs inspector, border patrolman or

1-17     immigration officer has the authority to detain a person younger

1-18     than 17 years of age pending transfer, without unnecessary delay,

1-19     to a peace officer authorized to take a child into custody as

1-20     provided by Section 52.01, Family Code.

1-21           SECTION 2.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

1-25     days in each house be suspended, and this rule is hereby suspended,

1-26     and that this Act take effect and be in force from and after its

1-27     passage, and it is so suspended.