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