82R18968 PEP-D
By: Bonnen H.B. No. 1161
Substitute the following for H.B. No. 1161:
By: Smith of Tarrant C.S.H.B. No. 1161
A BILL TO BE ENTITLED
AN ACT
relating to granting limited state law enforcement authority to
certain federal officers and agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.122, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (h) to
read as follows:
(c) A Customs and Border Protection Officer or Border Patrol
Agent of the United States Customs and Border Protection or an [a
Border Patrol agent,] immigration enforcement agent[,] or
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 as to
any felony offense under the laws of this state; and
(2) [,] on the premises of a port facility designated
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[,] 49.04, [49.07, or 49.08,]
Penal Code, regardless of whether the violation may be disposed of
in a criminal proceeding or a juvenile justice proceeding.
(h) A commissioned law enforcement officer of the United
States Fish and Wildlife Service is not a peace officer under the
laws of this state, except that the officer has the powers of
arrest, search, and seizure as to any offense under the laws of this
state committed within the boundaries of the National Wildlife
Refuge System. In this subsection, "National Wildlife Refuge
System" has the meaning assigned by 16 U.S.C. Section 668dd.
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.