Bill Text: TX SB1853 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to authorizing the Department of Public Safety of the State of Texas to establish a statewide program for the prevention and detection of certain criminal offenses.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2015-06-19 - Effective immediately [SB1853 Detail]
Download: Texas-2015-SB1853-Enrolled.html
S.B. No. 1853 |
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relating to authorizing the Department of Public Safety of the | ||
State of Texas to establish a statewide program for the prevention | ||
and detection of certain criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0208 to read as follows: | ||
Sec. 411.0208. STATEWIDE PROGRAM FOR THE PREVENTION AND | ||
DETECTION OF CERTAIN CRIMINAL OFFENSES. (a) The department may | ||
establish a program throughout this state for preventing and | ||
detecting: | ||
(1) the unlawful possession or the unlawful and | ||
imminent movement or transfer between this state and an adjacent | ||
state or the United Mexican States of: | ||
(A) firearms, in violation of Section 46.14, | ||
Penal Code; | ||
(B) controlled substances, in violation of | ||
Chapter 481, Health and Safety Code; or | ||
(C) currency, in violation of Section 34.02, | ||
Penal Code; and | ||
(2) the commission or imminent commission of the | ||
offenses of smuggling of persons under Section 20.05, Penal Code, | ||
and trafficking of persons under Section 20A.02, Penal Code, | ||
occurring in this state or involving travel between this state and | ||
an adjacent state or the United Mexican States. | ||
(b) A peace officer participating in a program established | ||
under this section must have reasonable suspicion or probable cause | ||
to believe that firearms, controlled substances, or currency are | ||
unlawfully possessed or being unlawfully and imminently moved or | ||
transferred between this state and an adjacent state or the United | ||
Mexican States or that an offense described by Subsection (a)(2) | ||
has been committed or imminently will be committed, as applicable, | ||
before exercising the officer's authority under the program, | ||
including stopping a person or vehicle or coming into contact with a | ||
person. | ||
(c) In developing the program, the department shall | ||
establish: | ||
(1) clear guidelines and procedures to mitigate any | ||
unnecessary negative impact on the flow of trade, commerce, or | ||
daily business activities in locations where the program is | ||
implemented; and | ||
(2) protocols, standards, and guidelines to minimize | ||
any intrusion on a person in an encounter with a peace officer | ||
exercising the officer's authority under the program. | ||
(d) The department shall implement the program established | ||
under this section in conjunction with federal and local law | ||
enforcement agencies. | ||
(e) The director shall adopt rules as necessary to implement | ||
and administer a program established under this section. | ||
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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1853 passed the Senate on | ||
April 30, 2015, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 28, 2015, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1853 passed the House, with | ||
amendment, on May 22, 2015, by the following vote: Yeas 129, | ||
Nays 11, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |