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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(c), Code of Criminal Procedure, is |
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amended to 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 |
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immigration enforcement agent or deportation officer of the |
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Department of Homeland Security is not a peace officer under the |
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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 committed in this |
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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 |
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checkpoint [check point], has the authority to detain a person |
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pending transfer without unnecessary delay to a peace officer if |
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the agent or officer has probable cause to believe that the person |
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has engaged in conduct that is a violation of Section 49.02 or[,] |
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49.04, [49.07, or 49.08,] Penal Code, regardless of whether the |
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violation may be disposed of in a criminal proceeding or a juvenile |
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justice proceeding. |
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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, 2023. |