| 1 | 1 | | By: Menéndez, et al. S.B. No. 1838 |
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| 2 | 2 | | (Workman) |
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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 definition of peace officer for purposes of |
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| 8 | 8 | | intercepting or collecting information in relation to certain |
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| 9 | 9 | | communications in an investigation conducted by an arson |
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| 10 | 10 | | investigating unit. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1(2), Article 18.21, Code of Criminal |
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| 13 | 13 | | Procedure, is amended to read as follows: |
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| 14 | 14 | | (2) "Authorized peace officer" means: |
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| 15 | 15 | | (A) a sheriff or a sheriff's deputy; |
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| 16 | 16 | | (B) a constable or deputy constable; |
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| 17 | 17 | | (C) a marshal or police officer of an |
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| 18 | 18 | | incorporated city; |
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| 19 | 19 | | (D) a ranger or officer commissioned by the |
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| 20 | 20 | | Public Safety Commission or the director of the Department of |
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| 21 | 21 | | Public Safety; |
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| 22 | 22 | | (E) an investigator of a prosecutor's office; |
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| 23 | 23 | | (F) a law enforcement agent of the Alcoholic |
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| 24 | 24 | | Beverage Commission; |
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| 25 | 25 | | (G) a law enforcement officer commissioned by the |
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| 26 | 26 | | Parks and Wildlife Commission; |
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| 27 | 27 | | (H) an enforcement officer appointed by the |
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| 28 | 28 | | inspector general of the Texas Department of Criminal Justice under |
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| 29 | 29 | | Section 493.019, Government Code; [or] |
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| 30 | 30 | | (I) an investigator commissioned by the attorney |
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| 31 | 31 | | general under Section 402.009, Government Code; or |
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| 32 | 32 | | (J) a member of an arson investigating unit |
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| 33 | 33 | | commissioned by a municipality, a county, or the state. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2015. |
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