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By: Gutierrez H.B. No. 3544
A BILL TO BE ENTITLED
AN ACT
relating to establishing a pilot program to prevent certain
juveniles from crossing the border between this state and Mexico.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. "Peace Officer" has the meaning assigned by
Article 2.12, Sec. (1), (2), (3), (4), and (6) and Article 2.122,
Code of Criminal Procedure.
"Juvenile" means an individual who is under 18 years of age.
SECTION 2. PILOT PROGRAM ESTABLISHED. (a) A pilot program
shall be established in the county of Hidalgo and the county of
Cameron delegating the duty of a peace officer to prevent certain
juveniles from crossing the border between this state and Mexico.
(b) A peace officer who observes a person younger than 18
years of age attempting to cross the border between this state and
Mexico shall prevent the person from crossing the border unless the
person:
(1) is accompanied by a parent or guardian; or
(2) has:
(A) written consent from the person's parent or
guardian to cross the border; or
(B) a current United States passport issued to
the person.
(b) A peace officer who prevents a person from crossing the
border as required by this article may not detain the person unless
the officer has reasonable suspicion or probable cause to believe
that the person has engaged in conduct prohibited by law.