By Bivins                                              S.B. No. 684
         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.