By Chisum H.B. No. 2439 75R8107 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to peace officers from adjoining states enforcing the law 1-3 in a bordering municipality in this state. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 2.124, Code of Criminal Procedure, is 1-6 amended to read as follows: 1-7 Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. (a) A 1-8 commissioned peace officer of a state of the United States of 1-9 America adjoining this state, while the officer is in this state, 1-10 has under this subsection the same powers, duties, and immunities 1-11 of a peace officer of this state who is acting in the discharge of 1-12 an official duty, but only: 1-13 (1) during a time in which: 1-14 (A) the peace officer from the adjoining state 1-15 has physical custody of an inmate or criminal defendant and is 1-16 transporting the inmate or defendant from a county in the adjoining 1-17 state that is on the border between the two states to a hospital or 1-18 other medical facility in a county in this state that is on the 1-19 border between the two states; or 1-20 (B) the peace officer has physical custody of 1-21 the inmate or defendant and is returning the inmate or defendant 1-22 from the hospital or facility to the county in the adjoining state; 1-23 and 1-24 (2) to the extent necessary to: 2-1 (A) maintain physical custody of the inmate or 2-2 defendant while transporting the inmate or defendant; or 2-3 (B) regain physical custody of the inmate or 2-4 defendant if the inmate or defendant escapes while being 2-5 transported. 2-6 (b) A commissioned peace officer of a state of the United 2-7 States of America adjoining this state, while the officer is in 2-8 this state, has under this subsection the same powers, duties, and 2-9 immunities of a peace officer of this state who is acting in the 2-10 discharge of an official duty, but only in a municipality some part 2-11 of the municipal limits of which are within one mile of the 2-12 boundary between this state and the adjoining state and only at a 2-13 time the peace officer is regularly assigned to duty in a county, 2-14 parish, or municipality that adjoins this state. A peace officer 2-15 described by this subsection may also as part of the officer's 2-16 powers in this state enforce the ordinances of a Texas municipality 2-17 described by this subsection but only after the governing body of 2-18 the municipality authorizes that enforcement by majority vote at an 2-19 open meeting. 2-20 SECTION 2. This Act takes effect September 1, 1997. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.