By Chisum H.B. No. 165
76R518 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to peace officers from adjoining states enforcing the law
1-3 in a bordering municipality in this state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 2.124, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. (a) A
1-8 commissioned peace officer of a state of the United States of
1-9 America adjoining this state, while the officer is in this state,
1-10 has under this subsection the same powers, duties, and immunities
1-11 as [of] a peace officer of this state who is acting in the
1-12 discharge of an official duty, but only:
1-13 (1) during a time in which:
1-14 (A) the peace officer from the adjoining state
1-15 has physical custody of an inmate or criminal defendant and is
1-16 transporting the inmate or defendant from a county in the adjoining
1-17 state that is on the border between the two states to a hospital or
1-18 other medical facility in a county in this state that is on the
1-19 border between the two states; or
1-20 (B) the peace officer has physical custody of
1-21 the inmate or defendant and is returning the inmate or defendant
1-22 from the hospital or facility to the county in the adjoining state;
1-23 and
1-24 (2) to the extent necessary to:
2-1 (A) maintain physical custody of the inmate or
2-2 defendant while transporting the inmate or defendant; or
2-3 (B) regain physical custody of the inmate or
2-4 defendant if the inmate or defendant escapes while being
2-5 transported.
2-6 (b) A commissioned peace officer of a state of the United
2-7 States of America adjoining this state, while the officer is in
2-8 this state, has under this subsection the same powers, duties, and
2-9 immunities as a peace officer of this state who is acting in the
2-10 discharge of an official duty, but only in a municipality some part
2-11 of the municipal limits of which are within one mile of the
2-12 boundary between this state and the adjoining state and only at a
2-13 time the peace officer is regularly assigned to duty in a county,
2-14 parish, or municipality that adjoins this state. A peace officer
2-15 described by this subsection may also as part of the officer's
2-16 powers in this state enforce the ordinances of a Texas municipality
2-17 described by this subsection but only after the governing body of
2-18 the municipality authorizes that enforcement by majority vote at an
2-19 open meeting.
2-20 SECTION 2. This Act takes effect September 1, 1999.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.