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78S10143 GWK-D

By:  Keel                                                         H.B. No. 42 



A BILL TO BE ENTITLED

AN ACT

relating to the implementation of unified drug enforcement 
strategies.      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 772.006, Government Code, is amended by 
adding Subsections (d) and (e) to read as follows:
	(d)  The criminal justice division may not award a grant 
under this section to a multijurisdictional drug task force.
	(e)  The criminal justice division may award a grant under 
this section to fund a unified drug enforcement strategy by 
multiple law enforcement agencies through an interlocal contract 
made under Chapter 791 and approved by the director of the 
Department of Public Safety.  The contract must require that:
		(1)  the enforcement strategy be under the command and 
control of the director; and
		(2)  a peace officer  participating in an activity that 
is part of the enforcement strategy and who is outside of the 
jurisdiction of the law enforcement agency served by the officer 
may make an arrest only if:
			(A)  the officer would otherwise be authorized to 
make the arrest under Article 14.03, Code of Criminal Procedure; or
			(B)  the officer is in the presence of another 
peace officer who serves a law enforcement agency with jurisdiction 
at the place at which the arrest is to be made.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.