4 | 10 | | AN ACT |
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5 | 11 | | relating to granting limited state law enforcement authority to |
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6 | 12 | | certain federal officers or agents. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Articles 2.122(a) and (b), Code of Criminal |
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9 | 15 | | Procedure, are amended to read as follows: |
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10 | 16 | | (a) The following named criminal investigators of the |
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11 | 17 | | United States shall not be deemed peace officers, but shall have the |
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12 | 18 | | powers of arrest, search, and seizure under the laws of this state |
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13 | 19 | | as to felony offenses only: |
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14 | 20 | | (1) Special Agents of the Federal Bureau of |
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15 | 21 | | Investigation; |
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16 | 22 | | (2) Special Agents of the Secret Service; |
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17 | 23 | | (3) Special Agents of the United States Immigration |
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18 | 24 | | and Customs Enforcement; |
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19 | 25 | | (4) Special Agents of the Bureau of Alcohol, Tobacco, |
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20 | 26 | | Firearms and Explosives; |
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21 | 27 | | (5) Special Agents of the United States Drug |
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22 | 28 | | Enforcement Administration; |
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23 | 29 | | (6) Inspectors of the United States Postal Inspection |
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24 | 30 | | Service; |
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25 | 31 | | (7) Special Agents of the Criminal Investigation |
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26 | 32 | | Division of the Internal Revenue Service; |
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27 | 33 | | (8) Civilian Special Agents of the United States Naval |
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28 | 34 | | Criminal Investigative Service; |
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29 | 35 | | (9) Marshals and Deputy Marshals of the United States |
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30 | 36 | | Marshals Service; |
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31 | 37 | | (10) Special Agents of the United States Department of |
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32 | 38 | | State, Bureau of Diplomatic Security; |
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33 | 39 | | (11) Special Agents of the Treasury Inspector General |
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34 | 40 | | for Tax Administration; |
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35 | 41 | | (12) Special Agents of the Office of Inspector General |
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36 | 42 | | of the United States Social Security Administration; |
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37 | 43 | | (13) Special Agents of the Office of Inspector General |
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38 | 44 | | of the United States Department of Veterans Affairs; |
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39 | 45 | | (14) Special Agents of the Office of Inspector General |
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40 | 46 | | of the United States Department of Agriculture; and |
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41 | 47 | | (15) [(14)] a police officer with the Office of |
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42 | 48 | | Security and Law Enforcement of the United States Department of |
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43 | 49 | | Veterans Affairs. |
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44 | 50 | | (b) An officer or agent [A person] designated by the |
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45 | 51 | | Secretary of Homeland Security [as a special policeman by the |
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46 | 52 | | Federal Protective Services division of the General Services |
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47 | 53 | | Administration] under 40 U.S.C. Section 1315 for duty in connection |
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48 | 54 | | with the protection of property owned or occupied by the federal |
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49 | 55 | | government and persons on the property [318 or 318d] is not a peace |
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50 | 56 | | officer but has the powers of arrest and search and seizure as to |
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51 | 57 | | any offense under the laws of this state. |
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52 | 58 | | SECTION 2. This Act takes effect immediately if it receives |
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53 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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54 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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55 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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56 | 62 | | Act takes effect September 1, 2019. |
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57 | | - | ______________________________ ______________________________ |
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58 | | - | President of the Senate Speaker of the House |
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59 | | - | I certify that H.B. No. 3863 was passed by the House on May |
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60 | | - | 10, 2019, by the following vote: Yeas 125, Nays 3, 1 present, not |
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61 | | - | voting. |
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62 | | - | ______________________________ |
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63 | | - | Chief Clerk of the House |
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64 | | - | I certify that H.B. No. 3863 was passed by the Senate on May |
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65 | | - | 22, 2019, by the following vote: Yeas 31, Nays 0. |
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66 | | - | ______________________________ |
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67 | | - | Secretary of the Senate |
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68 | | - | APPROVED: _____________________ |
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69 | | - | Date |
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70 | | - | _____________________ |
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71 | | - | Governor |
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| 63 | + | * * * * * |
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