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.