80R2938 PEP-D
 
  By: Berman H.B. No. 700
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain criminal investigators of the
United States to enforce the laws of Texas.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 2.122(a), Code of Criminal Procedure, is
amended to read as follows:
       (a)  The following named criminal investigators of the
United States shall not be deemed peace officers, but shall have the
powers of arrest, search and seizure as to any offense [felony
offenses only] under the laws of the State of Texas:
             (1)  Special Agents of the Federal Bureau of
Investigation;
             (2)  Special Agents and Law Enforcement Officers of the
United States Secret Service;
             (3)  Special Agents, Customs and Border Protection
Officers, and Border Patrol Agents of the United States Department
of Homeland Security [Customs Service];
             (4)  Special Agents of the Bureau of Alcohol, Tobacco,
[and] Firearms, and Explosives;
             (5)  Special Agents of the United States [Federal] Drug
Enforcement Administration [Agency];
             (6)  Inspectors of the United States Postal Inspection
Service;
             (7)  Special Agents of the Criminal Investigation
Division and Inspectors of the Internal Security Division of the
Internal Revenue Service;
             (8)  Civilian Special Agents of the United States Naval
Criminal Investigative Service;
             (9)  Marshals and Deputy Marshals of the United States
Marshals Service;
             (10)  [Special Agents of the United States Immigration
and Naturalization Service; and
             [(11)]  Special Agents of the United States Department
of State, Bureau of Diplomatic Security;
             (11)  Law Enforcement Officers and Agents designated by
the Secretary of Homeland Security under 40 U.S.C. Section 1315 for
duty in connection with the protection of property owned or
occupied by the federal government and persons on the property;
             (12)  Commissioned Law Enforcement Officers of the
National Park Service; and
             (13)  Special Agents or Law Enforcement Officers of the
United States Forest Service.
       SECTION 2.  Subsections (b), (c), (d), (e), and (g), Article
2.122, Code of Criminal Procedure, are repealed.
       SECTION 3.  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 September 1, 2007.