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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 criminal investigators of the United States and to other |
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federal law enforcement personnel. |
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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 Subsections (a), (b), (c), (d), and (e) and |
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adding Subsections (d-1) and (e-1) to read as follows: |
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(a) The following named criminal investigators of the |
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United States shall not be deemed peace officers, but shall have the |
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powers of arrest, search, and seizure under the laws of this state |
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as to felony offenses only [under the laws of the State of Texas]: |
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(1) Special Agents of the Federal Bureau of |
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Investigation; |
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(2) except as provided by Subsection (g), Special |
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Agents and Law Enforcement Officers of the United States Secret |
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Service; |
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(3) Special Agents of [the] United States Immigration |
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and Customs Enforcement; |
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(4) Special Agents of the Bureau of Alcohol, Tobacco, |
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[and] Firearms and Explosives; |
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(5) Special Agents of the United States [Federal] Drug |
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Enforcement Administration [Agency]; |
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(6) Inspectors of the United States Postal Inspection |
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Service; |
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(7) Special Agents of the Criminal Investigation |
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Division [and Inspectors of the Internal Security Division] of the |
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Internal Revenue Service; |
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(8) Civilian Special Agents of the United States Naval |
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Criminal Investigative Service; |
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(9) Marshals and Deputy Marshals of the United States |
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Marshals Service; |
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(10) [Special Agents of the United States Citizenship
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and Immigration Services; and
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[(11)] Special Agents of the United States Department |
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of State, Bureau of Diplomatic Security; and |
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(11) Special Agents of the Treasury Inspector General |
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for Tax Administration. |
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(b) An officer or agent [A person] designated by the |
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Secretary of Homeland Security [as a special policeman by the
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Federal Protective Services division of the General Services
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Administration] under 40 U.S.C. Section 1315 for duty in connection |
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with the protection of property owned or occupied by the federal |
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government and persons on the property [318 or 318d] is not a peace |
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officer but has the powers of arrest and search and seizure as to |
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any offense under the laws of this state. |
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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 |
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under the laws of this state as to felony offenses; 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
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49.08,] Penal Code, regardless of whether the violation may be |
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disposed of in a criminal proceeding or a juvenile justice |
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proceeding. |
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(d) A commissioned law enforcement officer of the National |
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Park Service is not a peace officer under the laws of this state, |
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except that the officer: |
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(1) has the powers of arrest, search, and seizure |
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under the laws of this state as to felony offenses committed in this |
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state; and |
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(2) has the powers of arrest, search, and seizure as to |
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any offense under the laws of this state committed in [within] the |
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boundaries of a national park or national recreation area. |
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(d-1) For purposes of Subsection (d) [In this subsection], |
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"national park or national recreation area" means a national park |
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or national recreation area included in the National Park System as |
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defined by 16 U.S.C. Section 1c(a). |
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(e) A Special Agent or Law Enforcement Officer of the United |
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States Forest Service is not a peace officer under the laws of this |
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state, except that the agent or officer: |
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(1) has the powers of arrest, search, and seizure |
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under the laws of this state as to felony offenses committed in this |
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state; and |
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(2) has the powers of arrest, search, and seizure as to |
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any offense under the laws of this state committed in [within] the |
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National Forest System. |
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(e-1) For purposes of Subsection (e) [In this subsection], |
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"National Forest System" has the meaning assigned by 16 U.S.C. |
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Section 1609. |
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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. |