| 1 | 1 | | 82R18968 PEP-D |
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| 2 | 2 | | By: Bonnen H.B. No. 1161 |
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| 3 | 3 | | Substitute the following for H.B. No. 1161: |
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| 4 | 4 | | By: Smith of Tarrant C.S.H.B. No. 1161 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to granting limited state law enforcement authority to |
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| 10 | 10 | | certain federal officers and agents. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 2.122, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by amending Subsection (c) and adding Subsection (h) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (c) A Customs and Border Protection Officer or Border Patrol |
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| 16 | 16 | | Agent of the United States Customs and Border Protection or an [a |
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| 17 | 17 | | Border Patrol agent,] immigration enforcement agent[,] or |
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| 18 | 18 | | deportation officer of the Department of Homeland Security is not a |
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| 19 | 19 | | peace officer under the laws of this state but: |
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| 20 | 20 | | (1) has the powers of arrest, search, and seizure as to |
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| 21 | 21 | | any felony offense under the laws of this state; and |
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| 22 | 22 | | (2) [,] on the premises of a port facility designated |
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| 23 | 23 | | by the commissioner of the United States Customs and Border |
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| 24 | 24 | | Protection as a port of entry for arrival in the United States by |
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| 25 | 25 | | land transportation from the United Mexican States into the State |
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| 26 | 26 | | of Texas or at a permanent established border patrol traffic check |
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| 27 | 27 | | point, has the authority to detain a person pending transfer |
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| 28 | 28 | | without unnecessary delay to a peace officer if the agent or officer |
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| 29 | 29 | | has probable cause to believe that the person has engaged in conduct |
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| 30 | 30 | | that is a violation of Section 49.02 or[,] 49.04, [49.07, or 49.08,] |
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| 31 | 31 | | Penal Code, regardless of whether the violation may be disposed of |
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| 32 | 32 | | in a criminal proceeding or a juvenile justice proceeding. |
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| 33 | 33 | | (h) A commissioned law enforcement officer of the United |
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| 34 | 34 | | States Fish and Wildlife Service is not a peace officer under the |
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| 35 | 35 | | laws of this state, except that the officer has the powers of |
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| 36 | 36 | | arrest, search, and seizure as to any offense under the laws of this |
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| 37 | 37 | | state committed within the boundaries of the National Wildlife |
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| 38 | 38 | | Refuge System. In this subsection, "National Wildlife Refuge |
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| 39 | 39 | | System" has the meaning assigned by 16 U.S.C. Section 668dd. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2011. |
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