88R6121 JCG-F
By: Birdwell 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 amending Subsection (c) and adding Subsection (h) 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, 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, 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.
(h) A Border Patrol Agent of the United States Customs and
Border Protection 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 or federal law.
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.