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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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hereby request the lieutenant governor and the speaker of the house |
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of representatives to create a joint interim committee to study the |
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qualifications and standards necessary to be designated a police |
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agency; and, be it further |
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RESOLVED, That the committee be composed of the members of |
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the Senate Criminal Justice Committee and the House Committee on |
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Law Enforcement; and, be it further |
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RESOLVED, That the committee's proceedings and operations be |
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governed by such general rules and policies for joint interim |
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committees as the 80th Legislature may adopt and that such rules and |
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policies supersede the provisions of this resolution to the extent |
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of any conflict; and, be it further |
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RESOLVED, That the committee submit a full report, including |
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findings and recommendations, to the 81st Texas Legislature when it |
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convenes in January 2009; and, be it further |
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RESOLVED, That the Texas Legislature observe a moratorium on |
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the statutory creation of new police agencies until the committee's |
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recommendations and findings can be assessed by the 81st Texas |
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Legislature. |