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.