H.B. No. 3863
AN ACT
relating to granting limited state law enforcement authority to
certain federal officers or agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 2.122(a) and (b), 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:
(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,
Firearms and Explosives;
(5) Special Agents of the United States Drug
Enforcement Administration;
(6) Inspectors of the United States Postal Inspection
Service;
(7) Special Agents of the Criminal Investigation
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 Department of
State, Bureau of Diplomatic Security;
(11) Special Agents of the Treasury Inspector General
for Tax Administration;
(12) Special Agents of the Office of Inspector General
of the United States Social Security Administration;
(13) Special Agents of the Office of Inspector General
of the United States Department of Veterans Affairs;
(14) Special Agents of the Office of Inspector General
of the United States Department of Agriculture; and
(15) [(14)] a police officer with the Office of
Security and Law Enforcement of the United States Department of
Veterans Affairs.
(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.
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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3863 was passed by the House on May
10, 2019, by the following vote: Yeas 125, Nays 3, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3863 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor