By: Birdwell, Flores S.B. No. 602
A BILL TO BE ENTITLED
AN ACT
relating to the law enforcement authority of federal border patrol
agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.122, Code of Criminal Procedure, is
amended by adding Subsection (c-1) to read as follows:
(c-1) In addition to the power granted under Subsection (c),
a Border Patrol Agent of the United States Customs and Border
Protection who completed the training program described by Section
411.02093, Government Code, has the powers of arrest and search and
seizure as to any felony offense under the laws of this state if the
arrest, search, or seizure:
(1) occurs on the premises of a port facility
designated by the commissioner of the United States Customs and
Border Protection as a port of entry or at a border patrol traffic
checkpoint; and
(2) is incident to a detainment under federal law.
SECTION 2. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.02093 to read as follows:
Sec. 411.02093. STATE CRIMINAL LAW TRAINING PROGRAM FOR
BORDER PATROL AGENTS. (a) The department shall:
(1) develop a training program for Border Patrol
Agents of the United States Customs and Border Protection on the
criminal laws of this state, including laws relating to arrest,
search, and seizure; and
(2) on request, provide the training program developed
under Subdivision (1) to a Border Patrol Agent.
(b) The department may enter into a written agreement with
the United States Customs and Border Protection for purposes of
providing the training program developed under this section.
SECTION 3. As soon as practicable after the effective date
of this Act, the office of the attorney general shall give written
notice to the commanding authority of each United States border
patrol sector in this state regarding the authority granted to
border patrol agents by this Act and the circumstances under which
this authority may be exercised.
SECTION 4. 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.