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AN ACT
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relating to the law enforcement authority of federal border patrol |
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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, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) In addition to the power granted under Subsection (c), |
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a Border Patrol Agent of the United States Customs and Border |
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Protection who completed the training program described by Section |
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411.02093, Government Code, has the powers of arrest and search and |
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seizure as to any felony offense under the laws of this state if the |
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arrest, search, or seizure: |
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(1) occurs on the premises of a port facility |
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designated by the commissioner of the United States Customs and |
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Border Protection as a port of entry or at a border patrol traffic |
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checkpoint; and |
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(2) is incident to a detainment under federal law. |
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SECTION 2. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.02093 to read as follows: |
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Sec. 411.02093. STATE CRIMINAL LAW TRAINING PROGRAM FOR |
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BORDER PATROL AGENTS. (a) The department shall: |
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(1) develop a training program for Border Patrol |
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Agents of the United States Customs and Border Protection on the |
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criminal laws of this state, including laws relating to arrest, |
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search, and seizure; and |
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(2) on request, provide the training program developed |
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under Subdivision (1) to a Border Patrol Agent. |
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(b) The department may enter into a written agreement with |
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the United States Customs and Border Protection for purposes of |
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providing the training program developed under this section. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the office of the attorney general shall give written |
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notice to the commanding authority of each United States border |
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patrol sector in this state regarding the authority granted to |
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border patrol agents by this Act and the circumstances under which |
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this authority may be exercised. |
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SECTION 4. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 602 passed the Senate on |
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April 5, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 602 passed the House on |
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May 10, 2023, by the following vote: Yeas 99, Nays 43, three |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |