1-1 By: Gutierrez, et al. (Senate Sponsor - West) H.B. No. 870 1-2 (In the Senate - Received from the House April 14, 1997; 1-3 April 16, 1997, read first time and referred to Committee on 1-4 International Relations, Trade, and Technology; May 1, 1997, 1-5 reported adversely, with favorable Committee Substitute by the 1-6 following vote: Yeas 6, Nays 0; May 1, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 870 By: Ogden 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the authority of certain federal agents to enforce 1-11 state law relating to public intoxication and driving while 1-12 intoxicated. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Article 2.122, Code of Criminal Procedure, is 1-15 amended by adding Subsection (c) to read as follows: 1-16 (c) A customs inspector of the United States Customs Service 1-17 or a border patrolman or immigration officer of the United States 1-18 Department of Justice is not a peace officer under the laws of this 1-19 state but, on the premises of a port facility designated by the 1-20 commissioner of the United States Immigration and Naturalization 1-21 Service as a port of entry for arrival in the United States by land 1-22 transportation from the United Mexican States into the State of 1-23 Texas, has the authority to detain a person pending transfer 1-24 without unnecessary delay to a peace officer if the inspector, 1-25 patrolman, or officer has probable cause to believe that the person 1-26 has engaged in conduct that is a violation of Section 49.02, 49.04, 1-27 49.07, or 49.08, Penal Code, regardless of whether the violation 1-28 may be disposed of in a criminal proceeding or a juvenile justice 1-29 proceeding. 1-30 SECTION 2. The importance of this legislation and the 1-31 crowded condition of the calendars in both houses create an 1-32 emergency and an imperative public necessity that the 1-33 constitutional rule requiring bills to be read on three several 1-34 days in each house be suspended, and this rule is hereby suspended, 1-35 and that this Act take effect and be in force from and after its 1-36 passage, and it is so enacted. 1-37 * * * * *