Bill Text: TX SB602 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the law enforcement authority of federal border patrol agents.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-05-24 - Effective on 9/1/23 [SB602 Detail]
Download: Texas-2023-SB602-Enrolled.html
| S.B. No. 602 | ||
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| 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 adding Subsection (c-1) to read as follows: | ||
| (c-1) In addition to the power granted under Subsection (c), | ||
| a Border Patrol Agent of the United States Customs and Border | ||
| Protection who completed the training program described by Section | ||
| 411.02093, Government Code, has the powers of arrest and search and | ||
| seizure as to any felony offense under the laws of this state if the | ||
| arrest, search, or seizure: | ||
| (1) occurs on the premises of a port facility | ||
| designated by the commissioner of the United States Customs and | ||
| Border Protection as a port of entry or at a border patrol traffic | ||
| checkpoint; and | ||
| (2) is incident to a detainment under federal law. | ||
| SECTION 2. Subchapter A, Chapter 411, Government Code, is | ||
| amended by adding Section 411.02093 to read as follows: | ||
| Sec. 411.02093. STATE CRIMINAL LAW TRAINING PROGRAM FOR | ||
| BORDER PATROL AGENTS. (a) The department shall: | ||
| (1) develop a training program for Border Patrol | ||
| Agents of the United States Customs and Border Protection on the | ||
| criminal laws of this state, including laws relating to arrest, | ||
| search, and seizure; and | ||
| (2) on request, provide the training program developed | ||
| under Subdivision (1) to a Border Patrol Agent. | ||
| (b) The department may enter into a written agreement with | ||
| the United States Customs and Border Protection for purposes of | ||
| providing the training program developed under this section. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the office of the attorney general shall give written | ||
| notice to the commanding authority of each United States border | ||
| patrol sector in this state regarding the authority granted to | ||
| border patrol agents by this Act and the circumstances under which | ||
| this authority may be exercised. | ||
| SECTION 4. 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 602 passed the Senate on | ||
| April 5, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 602 passed the House on | ||
| May 10, 2023, by the following vote: Yeas 99, Nays 43, three | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
