By: Hopper H.B. No. 1982

A BILL TO BE ENTITLED

AN ACT

relating to limitations on federal authority and federal agents in this state, including the licensure of federal agents and special procedures for executing federal warrants; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS

SECTION 1.01. Title 7, Government Code, is amended by adding Chapter 741 to read as follows:

CHAPTER 741. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS

IN THIS STATE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 741.001. DEFINITIONS. In this chapter:

(1) "federal agent" means an elected or appointed federal officer or any employee of a federal agency, including a federal law enforcement officer.

(2) "Criminal prosecutions division" means the criminal prosecutions division of the attorney general's office.

Sec. 741.002. CONFLICT OF LAWS. To the extent this chapter conflicts with another law, this chapter prevails.

SUBCHAPTER B. PEACE OFFICER LICENSING

Sec. 741.051. LICENSURE OF FEDERAL AGENT AS PEACE OFFICER PROHIBITED. The Texas Commission on Law Enforcement may not issue a peace officer license to a federal agent.

Sec. 741.052. REVOCATION OF PEACE OFFICER LICENSE IF PERSON IS FEDERAL AGENT. The Texas Commission on Law Enforcement shall revoke under the procedures provided by Subchapter K, Chapter 1701, Occupations Code, the peace officer license of a person who is a federal agent.

SUBCHAPTER C. SPECIAL PROCEDURE FOR FEDERAL WARRANTS

Sec. 741.101. ATTORNEY GENERAL REVIEW OF FEDERAL WARRANT.

(a) A search or arrest warrant issued by a federal court, including the United States Foreign Intelligence Surveillance Court, against a United States citizen domiciled in Texas, may not be executed in this state unless:

(1) the warrant is reviewed and approved by criminal prosecutions division of the attorney general's office; and

(2) the appropriate sheriff for the county where the warrant is to be executed;

(3) subject to Section 741.103, the appropriate sheriff may at their discretion execute the warrant on behalf of the federal government.

(b) A federal agent may apply to the attorney general for review of a warrant described by Subsection (a). The application must include:

(1) all of the evidence that forms the basis for the finding of probable cause underlying the warrant, regardless of which court or grand jury the evidence was presented to; and

(2) any rulings, findings of fact, or conclusions of law the court made in issuing the warrant.

(c) In the discretion of the attorney general, the attorney general may approve or disapprove the execution of the warrant in this state.

Sec. 741.102. APPROVED WARRANT PROVIDED TO APPROPRIATE SHERIFF. On approving a warrant under Section 741.101, the attorney general shall provide a certified copy of the warrant to the appropriate sheriff with jurisdiction of the county in which the warrant is to be executed.

Sec. 741.103. SHERIFF MAY REFUSE OR EXECUTE WARRANT. (a) On receipt of a warrant under Section 741.102, the sheriff may:

(1) execute the warrant;

(2) grant authority for federal law enforcement to execute the warrant; or

(3) refuse to execute the warrant.

(b) If the sheriff executes a warrant described by Section 741.102, a federal agent may only be present when the warrant is executed with approval of the sheriff for the county in which the warrant is to be executed.

SUBCHAPTER D. HEARING REQUIRED FOR SURRENDER OF TEXAS CITIZEN TO

FEDERAL CUSTODY

Sec. 741.151. (a) In this section, "correctional facility" has the meaning assigned by Section 1.07, Penal Code.

(b) A citizen of this state confined in any correctional facility in this state is entitled to a hearing before the citizen may be transferred into the custody of a federal agent or agency.

(c) The hearing must be held by a district court of this state.

SUBCHAPTER E. LIMITATIONS ON FEDERAL AUTHORITY

Sec. 741.201. CERTAIN FEDERAL AUTHORITY NOT RECOGNIZED. (a) A federal agent may not discharge the agent's official duties on any property in this state, other than property for which the United States has exclusive or concurrent jurisdiction and only to the extent of that jurisdiction, unless the federal agent is discharging official duties for which legal authority is specifically enumerated in the United States Constitution, or is acting pursuant to the request, or with the approval of, state or local law enforcement.

(b) This state does not recognize the authority under federal law for a federal agent to engage in conduct that violates Subsection (a).

SECTION 1.02. Section 37.11(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person:

(1) impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; [or]

(2) knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court; or

(3) knowingly engages in conduct that violates Section 741.201(a), Government Code.

SECTION 1.03. Art. 2A.002(a), Code of Criminal Procedure, is amended to read as follows:

(a) The following criminal investigators of the United States are not peace officers butand do not have the powers of arrest, search, and seizure, for violations of law in this state not expressly granted by statute, unless at the direction of state and local law enforcement or as to felony offenses only:

ARTICLE 2. CONFORMING AMENDMENTS

SECTION 2.01. Article 2A.052(b), Code of Criminal Procedure, is amended to read as follows:

(b) An establishment serving the public may not prohibit or otherwise restrict a peace officer or federal special investigator as defined by Section 1.07, Penal Code, from carrying on the establishment's premises a weapon that the officer or investigator is otherwise authorized to carry, regardless of whether the officer or investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon.

SECTION 2.02. The heading to Article 38.141, Code of Criminal Procedure, is amended to read as follows:

Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER OR SPECIAL INVESTIGATOR.

SECTION 2.03. Articles 38.141(a) and (c), Code of Criminal Procedure, are amended to read as follows:

(a) A defendant may not be convicted of an offense under Chapter 481, Health and Safety Code, on the testimony of a person who is not a licensed peace officer or a special investigator but who is acting covertly on behalf of a law enforcement agency or under the color of law enforcement unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed.

(c) In this article, "peace officer" means a person listed in Article 2A.001, and "special investigator" means a person listed in Article 2A.002.

SECTION 2.04. Section 552.1175(a), Government Code, is amended to read as follows:

(a) This section applies only to:

(1) current or honorably retired peace officers as defined by Article 2A.001, Code of Criminal Procedure, or federal special investigators as defined by Section 1.07, Penal Code described by Article 2A.002, Code of Criminal Procedure;

(2) current or honorably retired county jailers as defined by Section 1701.001, Occupations Code;

(3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department;

(4) commissioned security officers as defined by Section 1702.002, Occupations Code;

(5) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;

(6) [(5-a)] a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;

(7) [(6)] officers and employees of a community supervision and corrections department established under Chapter 76 who perform a duty described by Section 76.004(b);

(8) (7) criminal investigators of the United States as described by Article 2A.002(a), Code of Criminal Procedure;

(9) (8) current or honorably retired police officers and inspectors of the United States Federal Protective Service;

(10) (9) current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve law enforcement or are performed under Chapter 231, Family Code;

(11) (10) current or former juvenile probation and detention officers certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;

(12) (11) current or former employees of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code;

(13) (12) current or former employees of the Texas Juvenile Justice Department or the predecessors in function of the department;

(14) (13) federal judges and state judges as defined by Section 1.005, Election Code;

(15) (14) current or former employees of the Texas Civil Commitment Office or of the predecessor in function of the office or a division of the office;

(16) (15) a current or former member of the United States Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary service of one of those branches of the armed forces, or the Texas military forces, as that term is defined by Section 437.001;

(17) (16) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;

(18) (17) an elected public officer;

(19) (18) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code; and

(20) (19) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender.

SECTION 2.05. Section 3105.003(a), Government Code, is amended to read as follows:

(a) A person is eligible to have the person's name on the monument if the person was killed in the line of duty and was:

(1) a law enforcement officer or peace officer for this state or a political subdivision of this state under Article 2A.001, Code of Criminal Procedure, or other law;

(2) a federal law enforcement officer or special agent performing duties in this state, including those officers under Article 2A.002, Code of Criminal Procedure;

(3) a corrections or detention officer or county or municipal jailer employed or appointed by a municipal, county, or state penal institution in this state; or

(4) employed by this state or a political subdivision of this state and considered by the person's employer to be a trainee for a position described by Subdivision (1), (2), or (3).

SECTION 2.06. Section 243.051(a), Human Resources Code, is amended to read as follows:

(a) If a child who has been committed to the department and placed by the department in any institution or facility has escaped or has been released under supervision and broken the conditions of release:

(1) a sheriff, deputy sheriff, constable, [special investigator,] or peace officer may, without a warrant, arrest the child; or

(2) a department employee designated by the executive director may, without a warrant or other order, take the child into the custody of the department.

SECTION 2.09. Section 86.0021(a), Local Government Code, is amended to read as follows:

(a) A person is not eligible to serve as constable unless:

(1) the person is eligible to be licensed under Sections 1701.309 and 1701.312, Occupations Code, and:

(A) has at least an associate's degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board; or

(B) [is a special investigator under Article 2A.002(a), Code of Criminal Procedure; or

[(C)] is an honorably retired peace officer or honorably retired federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code; or

(2) the person is an active or inactive licensed peace officer under Chapter 1701, Occupations Code.

SECTION 2.10. Section 1.07(a)(46-b), Penal Code, is amended to read as follows:

(46-b) "Federal special investigator" means a person described by Article 2A.002, Code of Criminal Procedure

SECTION 2.11. Section 20.01(8), Penal Code, is amended to read as follows:

(8) "Federal special [Special] investigator" includes an agent of the United States Department of Homeland Security.

SECTION 2.12. Section 20.05(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person knowingly:

(1) uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:

(A) conceal the individual from a peace officer or federal special investigator; or

(B) flee from a person the actor knows is a peace officer or federal special investigator attempting to lawfully arrest or detain the actor;

(2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or

(3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.

SECTION 2.13. Section 30.05(i), Penal Code, is amended to read as follows:

(i) This section does not apply if:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and

(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a federal special investigator under Article 2A.002, Code of Criminal Procedure, regardless of whether the peace officer or federal special investigator was engaged in the actual discharge of an official duty while carrying the weapon.

SECTION 2.14. Section 46.15(a), Penal Code, as amended by Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or federal special investigators under Article 2A.002, Code of Criminal Procedure, and neither section prohibits a peace officer or federal special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or federal special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;

(2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;

(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) authorized to carry a weapon under Section 76.0051, Government Code;

(4) an active or retired judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;

(5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer;

(6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;

(7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;

(8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is:

(A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and

(B) engaged in escorting the judicial officer;

(9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code;

(10) a person who is volunteer emergency services personnel if the person is:

(A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and

(B) engaged in providing emergency services; [or]

(11) a person who:

(A) retired after serving as a judge or justice described by Section 411.201(a)(1), Government Code; and

(B) is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; or

(12) [(11)] a district or county clerk who is carrying a handgun the clerk is licensed to carry under Subchapter H, Chapter 411, Government Code.

SECTION 2.15. Section 201.910(b), Transportation Code, is amended to read as follows:

(b) As used in this section, "peace officer" means a person who was:

(1) a law enforcement officer or peace officer for this state or a political subdivision of this state under Article 2A.001, Code of Criminal Procedure, or other law; or

(2) a federal law enforcement officer or special agent performing duties in this state, including those officers under Article 2A.002, Code of Criminal Procedure.

SECTION 2.16. Section 521.1211(a)(1), Transportation Code, is amended to read as follows:

(1) "Peace officer" has the meaning assigned by Article 2A.001, Code of Criminal Procedure, except that the term includes a federal special investigator as defined by Article 2A.002, Code of Criminal Procedure.

SECTION 2.17. Section 25.025(a), Tax Code, as amended by Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

(a) This section applies only to:

(1) a current or former peace officer as defined by Article 2A.001, Code of Criminal Procedure, and the spouse or surviving spouse of the peace officer;

(2) the adult child of a current peace officer as defined by Article 2A.001, Code of Criminal Procedure;

(3) a current or honorably retired county jailer as defined by Section 1701.001, Occupations Code;

(4) an employee of the Texas Department of Criminal Justice;

(5) a commissioned security officer as defined by Section 1702.002, Occupations Code;

(6) an individual who shows that the individual, the individual's child, or another person in the individual's household is a victim of family violence as defined by Section 71.004, Family Code, by providing:

(A) a copy of a protective order issued under Chapter 85, Family Code, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or

(B) other independent documentary evidence necessary to show that the individual, the individual's child, or another person in the individual's household is a victim of family violence;

(7) an individual who shows that the individual, the individual's child, or another person in the individual's household is a victim of sexual assault or abuse, stalking, or trafficking of persons by providing:

(A) a copy of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or

(B) other independent documentary evidence necessary to show that the individual, the individual's child, or another person in the individual's household is a victim of sexual assault or abuse, stalking, or trafficking of persons;

(8) a participant in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure, who provides proof of certification under Article 58.059, Code of Criminal Procedure;

(9) a federal judge, a federal bankruptcy judge, a marshal of the United States Marshals Service, a state judge, or a family member of a federal judge, a federal bankruptcy judge, a marshal of the United States Marshals Service, or a state judge;

(10) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;

(11) a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;

(12) an officer or employee of a community supervision and corrections department established under Chapter 76, Government Code, who performs a duty described by Section 76.004(b) of that code;

(13) a criminal investigator of the United States as described by Article 2A.002(a), Code of Criminal Procedure;

(14) a current or honorably retired police officer or inspector of the United States Federal Protective Service;

(15) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender and the spouse and child of the attorney or public defender;

(16) a current or former employee of the office of the attorney general who is or was assigned to a division of that office the duties of which involve law enforcement or are performed under Chapter 231, Family Code;

(17) a medical examiner or person who performs forensic analysis or testing who is employed by this state or one or more political subdivisions of this state;

(18) a current or former member of the United States armed forces who has served in an area that the president of the United States by executive order designates for purposes of 26 U.S.C. Section 112 as an area in which armed forces of the United States are or have engaged in combat;

(19) a current or former employee of the Texas Juvenile Justice Department or of the predecessors in function of the department;

(20) a current or former juvenile probation or supervision officer certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;

(21) a current or former employee of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code;

(22) a current or former employee of the Texas Civil Commitment Office or the predecessor in function of the office or a division of the office;

(23) a current or former employee of a federal judge or state judge;

(24) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;

(25) an elected public officer;

(26) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code;

(27) a customs and border protection officer or border patrol agent of United States Customs and Border Protection or the spouse, surviving spouse, or adult child of a customs and border protection officer or border patrol agent;

(28) [(27) a current or former attorney for the Department of Family and Protective Services

[(27)] a current or former employee or contract staff member of a university health care provider at a corrections facility operated by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department; and

(29) [(28)] a current or former attorney for the Department of Family and Protective Services.

ARTICLE 3. REPEALER; TRANSITIONS; EFFECTIVE DATE

SECTION 3.01. The following provisions are repealed:

(1) Section 100.001, Civil Practice and Remedies Code.

(2) Section 85.011, Local Government Code, Subsection (3).

SECTION 3.02. Section 741.052, Government Code, as added by this Act, applies to a person who holds a peace officer license and is a federal agent on or after the effective date of this Act.

SECTION 3.03. To the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 3.04. This Act takes effect September 1, 2025.