1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 165
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Special Committee
1-4 on Border Affairs; April 23, 1999, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to peace officers from adjoining states enforcing the law
1-9 in a bordering municipality in this state.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 2.124, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. (a) A
1-14 commissioned peace officer of a state of the United States of
1-15 America adjoining this state, while the officer is in this state,
1-16 has under this subsection the same powers, duties, and immunities
1-17 as [of] a peace officer of this state who is acting in the
1-18 discharge of an official duty, but only:
1-19 (1) during a time in which:
1-20 (A) the peace officer from the adjoining state
1-21 has physical custody of an inmate or criminal defendant and is
1-22 transporting the inmate or defendant from a county in the adjoining
1-23 state that is on the border between the two states to a hospital or
1-24 other medical facility in a county in this state that is on the
1-25 border between the two states; or
1-26 (B) the peace officer has physical custody of
1-27 the inmate or defendant and is returning the inmate or defendant
1-28 from the hospital or facility to the county in the adjoining state;
1-29 and
1-30 (2) to the extent necessary to:
1-31 (A) maintain physical custody of the inmate or
1-32 defendant while transporting the inmate or defendant; or
1-33 (B) regain physical custody of the inmate or
1-34 defendant if the inmate or defendant escapes while being
1-35 transported.
1-36 (b) A commissioned peace officer of a state of the United
1-37 States of America adjoining this state, while the officer is in
1-38 this state, has under this subsection the same powers, duties, and
1-39 immunities as a peace officer of this state who is acting in the
1-40 discharge of an official duty, but only in a municipality some part
1-41 of the municipal limits of which are within one mile of the
1-42 boundary between this state and the adjoining state and only at a
1-43 time the peace officer is regularly assigned to duty in a county,
1-44 parish, or municipality that adjoins this state. A peace officer
1-45 described by this subsection may also as part of the officer's
1-46 powers in this state enforce the ordinances of a Texas municipality
1-47 described by this subsection but only after the governing body of
1-48 the municipality authorizes that enforcement by majority vote at an
1-49 open meeting.
1-50 SECTION 2. This Act takes effect September 1, 1999.
1-51 SECTION 3. The importance of this legislation and the
1-52 crowded condition of the calendars in both houses create an
1-53 emergency and an imperative public necessity that the
1-54 constitutional rule requiring bills to be read on three several
1-55 days in each house be suspended, and this rule is hereby suspended.
1-56 * * * * *