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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers of peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by amending Art. 2.13 to read as follows: |
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Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every |
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peace officer to preserve the peace within the officer's |
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jurisdiction. To effect this purpose, the officer shall use all |
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lawful means. |
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(b) The officer shall: |
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(1) in every case authorized by the provisions of this |
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Code, interfere without warrant to prevent or suppress crime; |
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(2) execute all lawful process issued to the officer |
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by any magistrate or court; |
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(3) give notice to some magistrate of all offenses |
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committed within the officer's jurisdiction, where the officer has |
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good reason to believe there has been a violation of the penal law; |
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and |
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(4) arrest offenders without warrant in every case |
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where the officer is authorized by law, in order that they may be |
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taken before the proper magistrate or court and be tried. |
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(c) It is the duty of every officer to take possession of a |
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child under Article 63.009(g). |
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(d) No peace officer in the state may be directed or |
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required to enforce federal immigration law. No peace officer may |
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be removed, suspended, demoted, disciplined, counseled or have any |
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report placed in their employment file for failing to investigate |
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or enforce a violation of federal immigration law. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |