By: Patrick S.B. No. 947
(Burkett)
A BILL TO BE ENTITLED
AN ACT
relating to granting limited state law enforcement authority to
certain criminal investigators of the United States and to other
federal law enforcement personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.122, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (c), (d), and (e) and
adding Subsections (d-1) and (e-1) 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) except as provided by Subsection (g), Special
Agents and Law Enforcement Officers of the United States 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; and
(11) Special Agents of the Treasury Inspector General
for Tax Administration.
(b) An officer or agent [A person] designated by the
Secretary of Homeland Security [as a special policeman by the
Federal Protective Services division of the General Services
Administration] under 40 U.S.C. Section 1315 for duty in connection
with the protection of property owned or occupied by the federal
government and persons on the property [318 or 318d] is not a peace
officer but has the powers of arrest and search and seizure as to
any offense under the laws of this state.
(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
under the laws of this state as to felony offenses; 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.
(d) A commissioned law enforcement officer of the National
Park Service is not a peace officer under the laws of this state,
except that the officer:
(1) has the powers of arrest, search, and seizure
under the laws of this state as to felony offenses committed in this
state; and
(2) has the powers of arrest, search, and seizure as to
any offense under the laws of this state committed in [within] the
boundaries of a national park or national recreation area.
(d-1) For purposes of Subsection (d) [In this subsection],
"national park or national recreation area" means a national park
or national recreation area included in the National Park System as
defined by 16 U.S.C. Section 1c(a).
(e) A Special Agent or Law Enforcement Officer of the United
States Forest Service is not a peace officer under the laws of this
state, except that the agent or officer:
(1) has the powers of arrest, search, and seizure
under the laws of this state as to felony offenses committed in this
state; and
(2) has the powers of arrest, search, and seizure as to
any offense under the laws of this state committed in [within] the
National Forest System.
(e-1) For purposes of Subsection (e) [In this subsection],
"National Forest System" has the meaning assigned by 16 U.S.C.
Section 1609.
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.