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HOUSE CONCURRENT RESOLUTION
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WHEREAS, Article 2.12, Code of Criminal Procedure, |
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delineates who are peace officers in the State of Texas; since its |
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enactment in 1967, the article has been amended 51 times and now |
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includes a list of 34 classes of individuals who have been |
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designated peace officers under the law; and |
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WHEREAS, Law enforcement authority for these peace officers |
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is derived from two sources: the Texas Constitution grants |
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permanent authority to sheriffs, constables, marshals, and police |
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officers, among others; alternatively, peace officers are |
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commissioned by a governmental entity or state agency to carry out a |
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specific law enforcement purpose under the limited purview of the |
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commissioning entity; and |
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WHEREAS, As a consequence of the manner in which these |
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commissioned peace officers are authorized under Article 2.12, |
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there are no statewide standards to provide for the oversight of a |
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commissioning entity, liability for a peace officer's action, or |
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management of geographic or functional overlaps in jurisdiction; |
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and |
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WHEREAS, To prevent any compromises to law enforcement |
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efforts that may arise from this lack of coordinated effort, it |
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would behoove the state to study the development of our peace |
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officer ranks and future additions to Article 2.12, Code of |
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Criminal Procedure; now, therefore, be it |
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RESOLVED, That the 80th Legislature of the State of Texas |
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observe a moratorium on the statutory creation of new police |
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agencies, except for any new law enforcement authority the |
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legislature deems necessary for the Texas Youth Commission, the |
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Texas Juvenile Probation Commission, and the Texas Health and Human |
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Services Commission Office of Inspector General, until the issue |
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can be studied and fully assessed by the 81st Texas Legislature. |
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Driver |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.C.R. No. 96 was adopted by the House on April |
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25, 2007, by a non-record vote. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.C.R. No. 96 was adopted by the Senate on May |
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25, 2007, by a viva-voce vote. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |