1-1 By: McReynolds, Christian, Ellis H.B. No. 525
1-2 (Senate Sponsor - Nixon)
1-3 (In the Senate - Received from the House April 9, 1999;
1-4 April 12, 1999, read first time and referred to Committee on
1-5 Criminal Justice; April 30, 1999, reported favorably by the
1-6 following vote: Yeas 7, Nays 0; April 30, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to granting limited state law enforcement authority to
1-10 special agents and law enforcement officers of the United States
1-11 Forest Service.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Article 2.122, Code of Criminal Procedure, is
1-14 amended by amending Subsection (a) and adding Subsection (d) to
1-15 read as follows:
1-16 (a) The following named criminal investigators of the United
1-17 States shall not be deemed peace officers, but shall have the
1-18 powers of arrest, search and seizure as to felony offenses only
1-19 under the laws of the State of Texas:
1-20 (1) Special Agents of the Federal Bureau of
1-21 Investigation;
1-22 (2) Special Agents of the Secret Service;
1-23 (3) Special Agents of the United States Customs
1-24 Service;
1-25 (4) Special Agents of Alcohol, Tobacco and Firearms;
1-26 (5) Special Agents of Federal Drug Enforcement Agency;
1-27 (6) Inspectors of the United States Postal Service;
1-28 (7) [Special Agents and Law Enforcement Officers of
1-29 the United States Forest Service;]
1-30 [(8)] Special Agents of the Criminal Investigation
1-31 Division and Inspectors of the Internal Security Division of the
1-32 Internal Revenue Service;
1-33 (8) [(9)] Civilian Special Agents of the United States
1-34 Naval Investigative Service;
1-35 (9) [(10)] Marshals and Deputy Marshals of the United
1-36 States Marshals Service;
1-37 (10) [(11)] Special Agents of the United States
1-38 Immigration and Naturalization Service; and
1-39 (11) [(12)] Special Agents of the United States
1-40 Department of State, Bureau of Diplomatic Security.
1-41 (d) A Special Agent or Law Enforcement Officer of the United
1-42 States Forest Service is not a peace officer under the laws of this
1-43 state, except that the agent or officer has the powers of arrest,
1-44 search, and seizure as to any offense under the laws of this state
1-45 committed within the National Forest System. In this subsection,
1-46 "National Forest System" has the meaning assigned by 16 U.S.C.
1-47 Section 1609.
1-48 SECTION 2. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended,
1-53 and that this Act take effect and be in force from and after its
1-54 passage, and it is so enacted.
1-55 * * * * *