By Puente                                             H.B. No. 1606
         77R5739 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the state law enforcement authority of certain federal
 1-3     border patrol agents.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 2.122(c), Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           (c)(1)  A customs inspector of the United States Customs
 1-8     Service or a border patrol agent [patrolman] or immigration officer
 1-9     of the United States Department of Justice is not a peace officer
1-10     under the laws of this state but, on the premises of a port
1-11     facility designated by the commissioner of the United States
1-12     Immigration and Naturalization Service as a port of entry for
1-13     arrival in the United States by land transportation from the United
1-14     Mexican States into the State of Texas or at a permanent
1-15     established border patrol traffic check point, has the authority to
1-16     detain a person pending transfer without unnecessary delay to a
1-17     peace officer if the inspector, patrol agent [patrolman], or
1-18     officer has probable cause to believe that the person has engaged
1-19     in conduct that is a violation of Section 49.02, 49.04, 49.07, or
1-20     49.08, Penal Code, regardless of whether the violation may be
1-21     disposed of in a criminal proceeding or a juvenile justice
1-22     proceeding.
1-23                 (2)  In addition to the powers granted to a border
1-24     patrol agent of the United States Department of Justice under
 2-1     Subdivision (1), the agent, on the request of any law enforcement
 2-2     agency of the state or of a political subdivision of the state, has
 2-3     the powers of arrest, search, and seizure as to any conduct that
 2-4     violates a penal law of this state punishable as a felony,
 2-5     regardless of whether the violation may be disposed of in a
 2-6     criminal proceeding or a juvenile justice proceeding.
 2-7           SECTION 2.  This Act takes effect immediately if it receives
 2-8     a vote of two-thirds of all the members elected to each house, as
 2-9     provided by Section 39, Article III, Texas Constitution.  If this
2-10     Act does not receive the vote necessary for immediate effect, this
2-11     Act takes effect September 1, 2001.