| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to granting limited state law enforcement authority to |
|
|
special agents of the Office of Inspector General of the United |
|
|
States Social Security Administration and to updating certain |
|
|
references related to the grant of that authority to other federal |
|
|
law enforcement personnel. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsections (a) and (c), Article 2.122, Code of |
|
|
Criminal Procedure, are 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 under the laws of this state |
|
|
as to felony offenses only [under the laws of the State of Texas]: |
|
|
(1) Special Agents of the Federal Bureau of |
|
|
Investigation; |
|
|
(2) Special Agents of the Secret Service; |
|
|
(3) Special Agents of the United States Immigration |
|
|
and Customs Enforcement; |
|
|
(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 Citizenship
|
|
|
and Immigration Services; and
|
|
|
[(11)] Special Agents of the United States Department |
|
|
of State, Bureau of Diplomatic Security; |
|
|
(11) Special Agents of the Treasury Inspector General |
|
|
for Tax Administration; and |
|
|
(12) Special Agents of the Office of Inspector General |
|
|
of the United States Social Security Administration. |
|
|
(c) A Customs and Border Protection Officer or Border Patrol |
|
|
Agent of the United States Customs and Border Protection or an [a
|
|
|
Border Patrol agent,] immigration enforcement agent[,] or |
|
|
deportation officer of the Department of Homeland Security is not a |
|
|
peace officer under the laws of this state but, on the premises of a |
|
|
port facility designated by the commissioner of the United States |
|
|
Customs and Border Protection as a port of entry for arrival in the |
|
|
United States by land transportation from the United Mexican States |
|
|
into the State of Texas or at a permanent established border patrol |
|
|
traffic check point, has the authority to detain a person pending |
|
|
transfer without unnecessary delay to a peace officer if the agent |
|
|
or officer has probable cause to believe that the person has engaged |
|
|
in conduct that is a violation of Section 49.02, 49.04, 49.07, or |
|
|
49.08, Penal Code, regardless of whether the violation may be |
|
|
disposed of in a criminal proceeding or a juvenile justice |
|
|
proceeding. |
|
|
SECTION 2. 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, 2011. |