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.

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