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BILL ANALYSIS

 

 

 

H.B. 2346

By: Pickett

Homeland Security & Public Safety

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note that Federal Reserve law enforcement officers do not possess the powers of arrest, search, and seizure under Texas law as to an offense committed on the premises of a Federal Reserve bank or while protecting bank personnel. As Federal Reserve banks have implemented minimum security standards to address threats posed by terrorism, these officers have become much more aware of suspicious activities taking place near bank property. In the absence of probable cause to believe that a federal crime is being committed or will be committed, the officers are forced to rely on local law enforcement agencies to resolve these incidents. H.B. 2346 seeks to enable Federal Reserve law enforcement officers to effectively handle suspicious activity and local offenses committed under certain circumstances.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 2346 amends the Code of Criminal Procedure to establish that a commissioned law enforcement officer of a Federal Reserve bank is not a peace officer under Texas law but has the powers of arrest, search, and seizure as to any felony or misdemeanor offense committed under state law when the offense is committed on the premises, grounds, or property of a Federal Reserve bank or the Federal Reserve System, or while the officer is protecting the personnel of a Federal Reserve bank or of the Board of Governors of the Federal Reserve System or operations conducted by or on behalf of a Federal Reserve bank or the board of governors.

 

EFFECTIVE DATE

 

September 1, 2015.