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A BILL TO BE ENTITLED
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AN ACT
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relating to granting limited state law enforcement authority to |
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certain federal officers and agents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.122, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (h) to |
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read as follows: |
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(c) A Customs and Border Protection Officer or Border Patrol |
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Agent of the United States Customs and Border Protection or an [a
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Border Patrol agent,] immigration enforcement agent[,] or |
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deportation officer of the Department of Homeland Security is not a |
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peace officer under the laws of this state but: |
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(1) has the powers of arrest, search, and seizure as to |
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any felony offense under the laws of this state; and |
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(2) [,] on the premises of a port facility designated |
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by the commissioner of the United States Customs and Border |
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Protection as a port of entry for arrival in the United States by |
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land transportation from the United Mexican States into the State |
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of Texas or at a permanent established border patrol traffic check |
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point, has the authority to detain a person pending transfer |
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without unnecessary delay to a peace officer if the agent or officer |
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has probable cause to believe that the person has engaged in conduct |
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that is a violation of Section 49.02 or[,] 49.04, [49.07, or 49.08,] |
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Penal Code, regardless of whether the violation may be disposed of |
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in a criminal proceeding or a juvenile justice proceeding. |
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(h) A commissioned law enforcement officer of the United |
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States Fish and Wildlife Service is not a peace officer under the |
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laws of this state, except that the officer has the powers of |
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arrest, search, and seizure as to any offense under the laws of this |
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state committed within the boundaries of the National Wildlife |
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Refuge System. In this subsection, "National Wildlife Refuge |
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System" has the meaning assigned by 16 U.S.C. Section 668dd. |
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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, 2011. |