By: Lucio, et al. S.B. No. 1853
 
  (Phillips)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing the Department of Public Safety of the
  State of Texas to establish a statewide program for the prevention
  and detection of certain criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0208 to read as follows:
         Sec. 411.0208.  STATEWIDE PROGRAM FOR THE PREVENTION AND
  DETECTION OF CERTAIN CRIMINAL OFFENSES. (a)  The department may
  establish a program throughout this state for preventing and
  detecting:
               (1)  the unlawful possession or the unlawful and
  imminent movement or transfer between this state and an adjacent
  state or the United Mexican States of:
                     (A)  firearms, in violation of Section 46.14,
  Penal Code;
                     (B)  controlled substances, in violation of
  Chapter 481, Health and Safety Code; or
                     (C)  currency, in violation of Section 34.02,
  Penal Code; and
               (2)  the commission or imminent commission of the
  offenses of smuggling of persons under Section 20.05, Penal Code,
  and trafficking of persons under Section 20A.02, Penal Code,
  occurring in this state or involving travel between this state and
  an adjacent state or the United Mexican States.
         (b)  A peace officer participating in a program established
  under this section must have probable cause to believe that
  firearms, controlled substances, or currency are unlawfully
  possessed or being unlawfully and imminently moved or transferred
  between this state and an adjacent state or the United Mexican
  States or that an offense described by Subsection (a)(2) has been
  committed or imminently will be committed, as applicable, before
  exercising the officer's authority under the program, including
  stopping a person or vehicle or coming into contact with a person.
         (c)  In developing the program, the department shall
  establish:
               (1)  clear guidelines and procedures to mitigate any
  unnecessary negative impact on the flow of trade, commerce, or
  daily business activities in locations where the program is
  implemented; and
               (2)  protocols, standards, and guidelines to minimize
  any intrusion on a person in an encounter with a peace officer
  exercising the officer's authority under the program.
         (d)  The department shall implement the program established
  under this section in conjunction with federal and local law
  enforcement agencies.
         (e)  The director shall adopt rules as necessary to implement
  and administer a program established under this section.
         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, 2015.