| 1 | 1 | | By: Nichols S.B. No. 1378 |
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| 2 | 2 | | (Otto, White) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of the Alabama-Coushatta Indian Tribe to |
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| 8 | 8 | | commission peace officers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 2.126 to read as follows: |
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| 12 | 12 | | Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE |
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| 13 | 13 | | ALABAMA-COUSHATTA INDIAN TRIBE. (a) The tribal council of the |
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| 14 | 14 | | Alabama-Coushatta Indian Tribe is authorized to employ and |
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| 15 | 15 | | commission peace officers for the purpose of enforcing state law |
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| 16 | 16 | | within the boundaries of the tribe's reservation. |
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| 17 | 17 | | (b) Within the boundaries of the tribe's reservation, a |
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| 18 | 18 | | peace officer commissioned under this article: |
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| 19 | 19 | | (1) is vested with all the powers, privileges, and |
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| 20 | 20 | | immunities of peace officers; |
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| 21 | 21 | | (2) may, in accordance with Chapter 14, arrest without |
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| 22 | 22 | | a warrant any person who violates a law of the state; and |
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| 23 | 23 | | (3) may enforce all traffic laws on streets and |
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| 24 | 24 | | highways. |
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| 25 | 25 | | (c) Outside the boundaries of the tribe's reservation, a |
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| 26 | 26 | | peace officer commissioned under this article is vested with all |
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| 27 | 27 | | the powers, privileges, and immunities of peace officers and may |
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| 28 | 28 | | arrest any person who violates any law of the state if the peace |
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| 29 | 29 | | officer: |
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| 30 | 30 | | (1) is summoned by another law enforcement agency to |
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| 31 | 31 | | provide assistance; or |
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| 32 | 32 | | (2) is assisting another law enforcement agency. |
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| 33 | 33 | | (d) Any officer assigned to duty and commissioned under this |
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| 34 | 34 | | article shall take and file the oath required of peace officers and |
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| 35 | 35 | | shall execute and file a good and sufficient bond in the sum of |
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| 36 | 36 | | $1,000, payable to the governor, with two or more good and |
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| 37 | 37 | | sufficient sureties, conditioned that the officer will fairly, |
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| 38 | 38 | | impartially, and faithfully perform the duties as may be required |
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| 39 | 39 | | of the officer by law. The bond may be sued on from time to time in |
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| 40 | 40 | | the name of the person injured until the whole amount is recovered. |
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| 41 | 41 | | (e) Any person commissioned under this article must: |
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| 42 | 42 | | (1) meet the minimum standards required of peace |
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| 43 | 43 | | officers by the commission relating to competence, reliability, |
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| 44 | 44 | | education, training, morality, and physical and mental health; and |
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| 45 | 45 | | (2) meet all standards for certification as a peace |
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| 46 | 46 | | officer by the Commission on Law Enforcement Officer Standards and |
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| 47 | 47 | | Education. |
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| 48 | 48 | | (f) A peace officer commissioned under this article is not |
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| 49 | 49 | | entitled to state benefits normally provided by the state to a peace |
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| 50 | 50 | | officer. |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2011. |
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