Bill Text: TX SB947 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to granting limited state law enforcement authority to certain criminal investigators of the United States and to other federal law enforcement personnel.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-20 - Committee report sent to Calendars [SB947 Detail]
Download: Texas-2011-SB947-Engrossed.html
By: Patrick | S.B. No. 947 |
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relating to granting limited state law enforcement authority to | ||
certain criminal investigators of the United States and to other | ||
federal law enforcement personnel. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.122, Code of Criminal Procedure, is | ||
amended by amending Subsections (a), (b), (c), (d), and (e) and | ||
adding Subsections (d-1) and (e-1) to read as follows: | ||
(a) The following named criminal investigators of the | ||
United States shall not be deemed peace officers, but shall have the | ||
powers of arrest, search, and seizure under the laws of this state | ||
as to felony offenses only [ |
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(1) Special Agents of the Federal Bureau of | ||
Investigation; | ||
(2) except as provided by Subsection (g), Special | ||
Agents and Law Enforcement Officers of the United States Secret | ||
Service; | ||
(3) Special Agents of [ |
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and Customs Enforcement; | ||
(4) Special Agents of the Bureau of Alcohol, Tobacco, | ||
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(5) Special Agents of the United States [ |
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Enforcement Administration [ |
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(6) Inspectors of the United States Postal Inspection | ||
Service; | ||
(7) Special Agents of the Criminal Investigation | ||
Division [ |
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Internal Revenue Service; | ||
(8) Civilian Special Agents of the United States Naval | ||
Criminal Investigative Service; | ||
(9) Marshals and Deputy Marshals of the United States | ||
Marshals Service; | ||
(10) [ |
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[ |
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of State, Bureau of Diplomatic Security; and | ||
(11) Special Agents of the Treasury Inspector General | ||
for Tax Administration. | ||
(b) An officer or agent [ |
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Secretary of Homeland Security [ |
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with the protection of property owned or occupied by the federal | ||
government and persons on the property [ |
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officer but has the powers of arrest and search and seizure as to | ||
any offense under the laws of this state. | ||
(c) A Customs and Border Protection Officer or Border Patrol | ||
Agent of the United States Customs and Border Protection or an [ |
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deportation officer of the Department of Homeland Security is not a | ||
peace officer under the laws of this state but: | ||
(1) has the powers of arrest, search, and seizure | ||
under the laws of this state as to felony offenses; and | ||
(2) [ |
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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 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 or[ |
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Penal Code, regardless of whether the violation may be disposed of | ||
in a criminal proceeding or a juvenile justice proceeding. | ||
(d) A commissioned law enforcement officer of the National | ||
Park Service is not a peace officer under the laws of this state, | ||
except that the officer: | ||
(1) has the powers of arrest, search, and seizure | ||
under the laws of this state as to felony offenses committed in this | ||
state; and | ||
(2) has the powers of arrest, search, and seizure as to | ||
any offense under the laws of this state committed in [ |
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boundaries of a national park or national recreation area. | ||
(d-1) For purposes of Subsection (d) [ |
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"national park or national recreation area" means a national park | ||
or national recreation area included in the National Park System as | ||
defined by 16 U.S.C. Section 1c(a). | ||
(e) A Special Agent or Law Enforcement Officer of the United | ||
States Forest Service is not a peace officer under the laws of this | ||
state, except that the agent or officer: | ||
(1) has the powers of arrest, search, and seizure | ||
under the laws of this state as to felony offenses committed in this | ||
state; and | ||
(2) has the powers of arrest, search, and seizure as to | ||
any offense under the laws of this state committed in [ |
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National Forest System. | ||
(e-1) For purposes of Subsection (e) [ |
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"National Forest System" has the meaning assigned by 16 U.S.C. | ||
Section 1609. | ||
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, 2011. |