By Gutierrez                                          H.B. No. 2991
         77R7590 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the duty of a peace officer to prevent certain
 1-3     juveniles from crossing the border between this state and Mexico.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
 1-6     by adding Article 2.131 to read as follows:
 1-7           Art. 2.131.  DUTY TO PREVENT CERTAIN JUVENILES FROM CROSSING
 1-8     BORDER. (a)  A peace officer who observes a person younger than 18
 1-9     years of age attempting to cross the border between this state and
1-10     Mexico shall prevent the person from crossing the border unless the
1-11     person:
1-12                 (1)  is accompanied by a parent or guardian; or
1-13                 (2)  has:
1-14                       (A)  written consent from the person's parent or
1-15     guardian to cross the border; or
1-16                       (B)  a current United States passport issued to
1-17     the person.
1-18           (b)  A peace officer who prevents a person from crossing the
1-19     border as required by this article may not detain the person unless
1-20     the officer has reasonable suspicion or probable cause to believe
1-21     that the person has engaged in conduct prohibited by law.
1-22           SECTION 2. This Act takes effect September 1, 2001.