By Haywood S.B. No. 164
75R2338 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the law enforcement authority of certain criminal
1-3 investigators of the United States with respect to violations of
1-4 state law.
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 amending Subsection (a) and adding Subsection (c) to
1-8 read as follows:
1-9 (a) The following named criminal investigators of the United
1-10 States are [shall] not [be deemed] peace officers, but [shall] have
1-11 the powers of arrest, search, and seizure as to felony offenses
1-12 only under the laws of the State of Texas:
1-13 (1) Special Agents of the Federal Bureau of
1-14 Investigation;
1-15 (2) Special Agents of the Secret Service;
1-16 (3) Special Agents of the United States Customs
1-17 Service, excluding border patrolmen and customs [custom]
1-18 inspectors;
1-19 (4) Special Agents of the Bureau of Alcohol, Tobacco
1-20 and Firearms;
1-21 (5) Special Agents of the Federal Drug Enforcement
1-22 Agency;
1-23 (6) Inspectors of the United States Postal Service;
1-24 (7) Special Agents and Law Enforcement Officers of the
2-1 United States Forest Service;
2-2 (8) Special Agents of the Criminal Investigation
2-3 Division and Inspectors of the Internal Security Division of the
2-4 Internal Revenue Service; and
2-5 (9) Civilian Special Agents of the United States Naval
2-6 Investigative Service.
2-7 (c) A border patrolman or canine enforcement officer of the
2-8 United States Customs Service may make an arrest or conduct a
2-9 search or seizure with respect to a felony or misdemeanor offense
2-10 if authorized to take that action by the sheriff of the county or
2-11 the chief of police of the municipality in which the offense is
2-12 committed. A special agent of the United States Customs Service
2-13 authorized to make an arrest for a felony under Subsection (a) or a
2-14 special agent of the Federal Drug Enforcement Agency may make an
2-15 arrest or conduct a search or seizure with respect to a misdemeanor
2-16 offense if authorized to take that action by the sheriff of the
2-17 county or the chief of police of the municipality in which the
2-18 offense is committed. An officer or agent authorized under this
2-19 subsection to make an arrest or conduct a search or seizure may
2-20 take that action with respect to any offense committed on or after
2-21 the date the sheriff or chief of police authorizes the officer or
2-22 agent to take action under this subsection. An officer or agent
2-23 authorized under this subsection to make an arrest who is in fresh
2-24 pursuit of a person for the purpose of arresting that person may
2-25 continue the pursuit into another county in this state and arrest
2-26 the person.
2-27 SECTION 2. This Act takes effect September 1, 1997.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.