1-1     By:  Gutierrez (Senate Sponsor - West)                H.B. No. 2991
 1-2           (In the Senate - Received from the House April 26, 2001;
 1-3     April 27, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the duty of a peace officer to prevent certain
 1-9     juveniles from crossing the border between this state and Mexico.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-12     by adding Article 2.131 to read as follows:
1-13           Art. 2.131.  DUTY TO PREVENT CERTAIN JUVENILES FROM CROSSING
1-14     BORDER. (a)  A peace officer who observes a person younger than 18
1-15     years of age attempting to cross the border between this state and
1-16     Mexico shall prevent the person from crossing the border unless the
1-17     person:
1-18                 (1)  is accompanied by a parent or guardian; or
1-19                 (2)  has:
1-20                       (A)  written consent from the person's parent or
1-21     guardian to cross the border; or
1-22                       (B)  a current United States passport issued to
1-23     the person.
1-24           (b)  A peace officer who prevents a person from crossing the
1-25     border as required by this article may not detain the person unless
1-26     the officer has reasonable suspicion or probable cause to believe
1-27     that the person has engaged in conduct prohibited by law.
1-28           SECTION 2. This Act takes effect September 1, 2001.
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