By: West S.B. No. 150
(Miller of Erath)
A BILL TO BE ENTITLED
AN ACT
relating to granting limited state law enforcement authority to
special agents of the Office of Inspector General of the United
States Department of Veterans Affairs and to updating certain
references related to the grant of that authority to other federal
law enforcement personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (c), Article 2.122, Code of
Criminal Procedure, are amended 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 [under the laws of the State of Texas]:
(1) Special Agents of the Federal Bureau of
Investigation;
(2) Special Agents of the Secret Service;
(3) Special Agents of the United States Immigration
and Customs Enforcement;
(4) Special Agents of the Bureau of Alcohol, Tobacco,
[and] Firearms and Explosives;
(5) Special Agents of the United States [Federal] Drug
Enforcement Administration [Agency];
(6) Inspectors of the United States Postal Inspection
Service;
(7) Special Agents of the Criminal Investigation
Division [and Inspectors of the Internal Security Division] of the
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) [Special Agents of the United States Citizenship
and Immigration Services; and
[(11)] Special Agents of the United States Department
of State, Bureau of Diplomatic Security;
(11) Special Agents of the Treasury Inspector General
for Tax Administration; and
(12) Special Agents of the Office of Inspector General
of the United States Department of Veterans Affairs.
(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, 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, 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.
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.