Amend CSHB 7 in ARTICLE 10 by adding the following SECTION and
renumbering the other SECTIONS accordingly:
SECTION 10.__. Chapter 301, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. COMPELLING ATTENDANCE
OF ABSENT LEGISLATOR
Sec. 301.071. AUTHORITY OF PEACE OFFICERS. (a) In this
section, "peace officer" means an individual who is elected,
appointed, or employed to serve as a peace officer for a
governmental entity and who is identified as a peace officer in
Article 2.12, Code of Criminal Procedure, or other law.
(b) A peace officer may arrest a member of either house of
the legislature and bring the member under the peace officer's
custody to the hall of that house in the Capitol building in Austin
at the direction of the presiding officer, sergeant-at-arms, or
other authorized officer of that house, if the arrest is authorized
by a warrant or other process issued by the applicable house in
accordance with Section 10, Article III, Texas Constitution, or the
rules of the applicable house.
(c) At the request of the presiding officer of either house
of the legislature, the Department of Public Safety of the State of
Texas shall make peace officers employed by the department
available to carry out the authority provided by this section on
behalf of that house.
(d) The authority provided by this section is in addition to
the other powers and duties of a peace officer provided by law.
(e) In carrying out the authority provided by this section,
a peace officer:
(1) is considered to be exercising discretionary
duties within the scope of the peace officer's authority for which
the peace officer has the official immunity provided by law while
exercising a discretionary duty; and
(2) has the immunity that an officer of the house of
the legislature would have in carrying out the same authority, in
addition to the immunity provided by law to a peace officer in the
exercise of discretionary duties of a peace officer.