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.