88R3971 JCG-D
By: Harless H.B. No. 884
A BILL TO BE ENTITLED
AN ACT
relating to granting limited state law enforcement authority to
certain federal officers and agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.122(c), Code of Criminal Procedure, is
amended to read as follows:
(c) A Customs and Border Protection Officer or Border Patrol
Agent of the United States Customs and Border Protection or an
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 committed in this
state; 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
checkpoint [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.
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, 2023.