| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the law enforcement authority of federal border patrol |
|
|
agents. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 2.122, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (c) and adding Subsection (h) to |
|
|
read as follows: |
|
|
(c) A Customs and Border Protection Officer [or Border |
|
|
Patrol Agent] of the United States Customs and Border Protection or |
|
|
an immigration enforcement agent or deportation officer of the |
|
|
Department of Homeland Security is not a peace officer under the |
|
|
laws of this state but, on the premises of a port facility |
|
|
designated by the commissioner of the United States Customs and |
|
|
Border Protection as a port of entry for arrival in the United |
|
|
States by land transportation from the United Mexican States into |
|
|
the State of Texas or at a permanent established border patrol |
|
|
traffic checkpoint [check point], has the authority to detain a |
|
|
person pending transfer without unnecessary delay to a peace |
|
|
officer if the agent or officer has probable cause to believe that |
|
|
the person has engaged in conduct that is a violation of Section |
|
|
49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether |
|
|
the violation may be disposed of in a criminal proceeding or a |
|
|
juvenile justice proceeding. |
|
|
(h) A Border Patrol Agent of the United States Customs and |
|
|
Border Protection is not a peace officer but has the powers of |
|
|
arrest and search and seizure as to any offense under the laws of |
|
|
this state or federal law. |
|
|
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, 2023. |