H.B. 1263 78(R)    BILL ANALYSIS


H.B. 1263
By: Alonzo
Border and International Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Article 36 of the Vienna Convention on Consular Relations currently
requires that foreign nationals detained in the United States be informed
of their right to contact a consular officer from their country of
nationality.  The Vienna Convention is the major worldwide treaty on the
topic of consular relations.  Over 160 countries, including the United
States are parties to the Vienna Convention. House Bill 1263 would require
a magistrate to inform foreign nationals that have been arrested in Texas
of their right to contact a consular officer from their country of
nationality.  The bill would also establishes a statewide education and
training program for handling the arrest and detention of foreign
nationals.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 

ANALYSIS

SECTION 1. House Bill 1263 amends the Code of Criminal Procedure to
require the magistrate, if the magistrate knows or suspects that a person
brought before the magistrate after an arrest is a foreign national, to
inform the person that after an arrest a foreign national has a right to
communicate with an official from the consulate of the person's country.
The bill requires the magistrate, if the person chooses to exercise the
right to communicate with the consular official, to notify an official of
the penal institution in which the person is confined that the person
wants a foreign consular official to be notified. The bill requires the
official of the penal institution to allow the person to communicate with,
correspond with, and be visited by a consular official of the person's's
country.  

H.B. 1263 requires the magistrate and official of the penal institution,
in providing a foreign national with his or her right of consular
notification, to comply with policies and procedures adopted by the United
States Department of State that apply to the notification of foreign
consular officials on the arrest of foreign nationals. 

SECTION 2. H.B. 1263 amends the Occupations Code to require the Commission
on Law Enforcement Officer Standards and Education (commission), as part
of the minimum curriculum requirements, to establish a statewide
comprehensive education and training program (program) on the requirements
for handling the arrest and detention of a foreign national. 

SECTION 3. H.B. 1263 requires the commission to establish the curriculum
for the program on or before January 1, 2004 and provides that for persons
who are licensed peace officers on September 1, 2001, the first course
must be completed before September 1, 2005. 

SECTION 4. Effective date.


EFFECTIVE DATE

September 1, 2003.