Texas 2011 - 82nd Regular

Texas Senate Bill SB530 Compare Versions

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1	1	By: Huffman, Carona S.B. No. 530
2	2	(Miller of Erath)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting limited state law enforcement authority to
8	8	special agents of the Office of Inspector General of the United
9	9	States Social Security Administration and to updating certain
10	10	references related to the grant of that authority to other federal
11	11	law enforcement personnel.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subsections (a) and (c), Article 2.122, Code of
14	14	Criminal Procedure, are amended to read as follows:
15	15	(a) The following named criminal investigators of the
16	16	United States shall not be deemed peace officers, but shall have the
17	17	powers of arrest, search, and seizure under the laws of this state
18	18	as to felony offenses only [under the laws of the State of Texas]:
19	19	(1) Special Agents of the Federal Bureau of
20	20	Investigation;
21	21	(2) Special Agents of the Secret Service;
22	22	(3) Special Agents of the United States Immigration
23	23	and Customs Enforcement;
24	24	(4) Special Agents of the Bureau of Alcohol, Tobacco,
25	25	[and] Firearms and Explosives;
26	26	(5) Special Agents of the United States [Federal] Drug
27	27	Enforcement Administration [Agency];
28	28	(6) Inspectors of the United States Postal Inspection
29	29	Service;
30	30	(7) Special Agents of the Criminal Investigation
31	31	Division [and Inspectors of the Internal Security Division] of the
32	32	Internal Revenue Service;
33	33	(8) Civilian Special Agents of the United States Naval
34	34	Criminal Investigative Service;
35	35	(9) Marshals and Deputy Marshals of the United States
36	36	Marshals Service;
37	37	(10) [Special Agents of the United States Citizenship
38	38	and Immigration Services; and
39	39	[(11)] Special Agents of the United States Department
40	40	of State, Bureau of Diplomatic Security;
41	41	(11) Special Agents of the Treasury Inspector General
42	42	for Tax Administration; and
43	43	(12) Special Agents of the Office of Inspector General
44	44	of the United States Social Security Administration.
45	45	(c) A Customs and Border Protection Officer or Border Patrol
46	46	Agent of the United States Customs and Border Protection or an [a
47	47	Border Patrol agent,] immigration enforcement agent[,] or
48	48	deportation officer of the Department of Homeland Security is not a
49	49	peace officer under the laws of this state but, on the premises of a
50	50	port facility designated by the commissioner of the United States
51	51	Customs and Border Protection as a port of entry for arrival in the
52	52	United States by land transportation from the United Mexican States
53	53	into the State of Texas or at a permanent established border patrol
54	54	traffic check point, has the authority to detain a person pending
55	55	transfer without unnecessary delay to a peace officer if the agent
56	56	or officer has probable cause to believe that the person has engaged
57	57	in conduct that is a violation of Section 49.02, 49.04, 49.07, or
58	58	49.08, Penal Code, regardless of whether the violation may be
59	59	disposed of in a criminal proceeding or a juvenile justice
60	60	proceeding.
61	61	SECTION 2. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2011.