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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2A.051, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE |
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OFFICERS. Each peace officer [shall]: |
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(1) shall preserve the peace within the officer's |
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jurisdiction using all lawful means; |
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(2) may, if authorized [in every case authorized by |
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this code], interfere without a warrant to prevent or suppress |
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crime; |
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(3) shall execute all lawful process issued to the |
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officer by a magistrate or court; |
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(4) shall give notice to an appropriate magistrate of |
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all offenses committed in the officer's jurisdiction, if [where] |
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the officer has probable cause [good reason] to believe there has |
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been a violation of the penal law; |
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(5) may, if [when] authorized [by law], arrest an |
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offender without a warrant so the offender may be taken before the |
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proper magistrate or court and be tried; |
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(6) shall take possession of a child under Article |
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63.00905(g) [63.009(g)]; [and] |
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(7) shall, on a request made by the Texas Civil |
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Commitment Office, execute an emergency detention order issued by |
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that office under Section 841.0837, Health and Safety Code; |
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(8) shall make an identification as a peace officer |
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before taking any action within the course and scope of the |
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officer's official duties unless the identification would render |
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the action impracticable; and |
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(9) shall intervene to prevent an action by another |
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peace officer if: |
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(A) the action includes the use of force in an |
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amount that exceeds that which is reasonable under the |
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circumstances; |
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(B) the intervening officer knows or should know |
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that the other officer's action violates department policy or |
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local, state, or federal law; or |
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(C) the action puts a person at risk of bodily |
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injury, as that term is defined by Section 1.07, Penal Code, and is |
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not: |
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(i) immediately necessary to avoid imminent |
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bodily injury to a peace officer or other person; or |
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(ii) required to apprehend a person |
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suspected of committing an offense. |
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SECTION 2. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. This Act takes effect September 1, 2025. |