SRC-PNG S.B. 720 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 720
76R7209 GWK-DBy: Zaffirini
Border Affairs - Special
3/9/1999
As Filed


DIGEST 

Currently, under Texas law, federal criminal investigators, including
special agents of the United States Immigration and Naturalization Service
(INS), have the authority to enforce state felony offenses.  However, Texas
law does not include border patrol agents among the authorized federal
criminal investigators because border patrol agents are separate from INS
special agents.  This bill grants limited state law enforcement authority
to border patrol agents of INS.  

PURPOSE

As proposed, S.B. 720 grants limited state law enforcement authority to
border patrol agents of the United States Immigration and Naturalization
Service.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 2.122, Code of Criminal Procedure, by amending
Subsection (a) and adding Subsection (d), as follows: 

(a) Establishes that Border Patrol Agents of the United States Immigration
and Naturalization Service are not peace officers, but requires the agents
to have the power of arrest, search and seizure as to felony offenses only
under the laws of the State of Texas. 

(d)Authorizes officers listed in Subsection (a) to enforce misdemeanor
violations of state law if specifically authorized to do so by another
provision of this article, notwithstanding the provision in Subsection (a). 

SECTION 2. Emergency clause.
Effective date: upon passage.