By Haywood                                       S.B. No. 283

      75R3456 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 custom inspectors];

1-18                 (4)  Special Agents of the Bureau of Alcohol, Tobacco

1-19     and Firearms;

1-20                 (5)  Special Agents of the Federal Drug Enforcement

1-21     Agency;

1-22                 (6)  Inspectors of the United States Postal Service;

1-23                 (7)  Special Agents and Law Enforcement Officers of the

1-24     United States Forest Service;

 2-1                 (8)  Special Agents of the Criminal Investigation

 2-2     Division and Inspectors of the Internal Security Division of the

 2-3     Internal Revenue Service; and

 2-4                 (9)  Civilian Special Agents of the United States Naval

 2-5     Investigative Service.

 2-6           (c)  A customs inspector or canine enforcement officer of the

 2-7     United States Customs Service or a border patrol agent of the

 2-8     United States Department of Justice 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 or

2-13     of the Federal Drug Enforcement Agency may make an arrest or

2-14     conduct a search or seizure with respect to a misdemeanor offense

2-15     if authorized to take that action by the sheriff of the county or

2-16     the chief of police of the municipality in which the offense is

2-17     committed.  An officer or agent authorized under this subsection to

2-18     make an arrest or conduct a search or seizure may take that action

2-19     with respect to any offense committed on or after the date the

2-20     sheriff or chief of police authorizes the officer or agent to take

2-21     action under this subsection.  An officer or agent authorized under

2-22     this subsection to make an arrest who is in fresh pursuit of a

2-23     person for the purpose of arresting that person may continue the

2-24     pursuit into another county in this state and arrest the person.

2-25           SECTION 2.  This Act takes effect September 1, 1997.

2-26           SECTION 3.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.