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                                  * * * * *