| 1 | 1 | | S.B. No. 602 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the law enforcement authority of federal border patrol |
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| 6 | 6 | | agents. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 2.122, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by adding Subsection (c-1) to read as follows: |
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| 10 | 10 | | (c-1) In addition to the power granted under Subsection (c), |
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| 11 | 11 | | a Border Patrol Agent of the United States Customs and Border |
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| 12 | 12 | | Protection who completed the training program described by Section |
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| 13 | 13 | | 411.02093, Government Code, has the powers of arrest and search and |
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| 14 | 14 | | seizure as to any felony offense under the laws of this state if the |
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| 15 | 15 | | arrest, search, or seizure: |
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| 16 | 16 | | (1) occurs on the premises of a port facility |
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| 17 | 17 | | designated by the commissioner of the United States Customs and |
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| 18 | 18 | | Border Protection as a port of entry or at a border patrol traffic |
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| 19 | 19 | | checkpoint; and |
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| 20 | 20 | | (2) is incident to a detainment under federal law. |
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| 21 | 21 | | SECTION 2. Subchapter A, Chapter 411, Government Code, is |
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| 22 | 22 | | amended by adding Section 411.02093 to read as follows: |
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| 23 | 23 | | Sec. 411.02093. STATE CRIMINAL LAW TRAINING PROGRAM FOR |
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| 24 | 24 | | BORDER PATROL AGENTS. (a) The department shall: |
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| 25 | 25 | | (1) develop a training program for Border Patrol |
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| 26 | 26 | | Agents of the United States Customs and Border Protection on the |
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| 27 | 27 | | criminal laws of this state, including laws relating to arrest, |
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| 28 | 28 | | search, and seizure; and |
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| 29 | 29 | | (2) on request, provide the training program developed |
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| 30 | 30 | | under Subdivision (1) to a Border Patrol Agent. |
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| 31 | 31 | | (b) The department may enter into a written agreement with |
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| 32 | 32 | | the United States Customs and Border Protection for purposes of |
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| 33 | 33 | | providing the training program developed under this section. |
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| 34 | 34 | | SECTION 3. As soon as practicable after the effective date |
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| 35 | 35 | | of this Act, the office of the attorney general shall give written |
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| 36 | 36 | | notice to the commanding authority of each United States border |
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| 37 | 37 | | patrol sector in this state regarding the authority granted to |
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| 38 | 38 | | border patrol agents by this Act and the circumstances under which |
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| 39 | 39 | | this authority may be exercised. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2023. |
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| 45 | 45 | | ______________________________ ______________________________ |
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| 46 | 46 | | President of the Senate Speaker of the House |
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| 47 | 47 | | I hereby certify that S.B. No. 602 passed the Senate on |
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| 48 | 48 | | April 5, 2023, by the following vote: Yeas 31, Nays 0. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Secretary of the Senate |
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| 51 | 51 | | I hereby certify that S.B. No. 602 passed the House on |
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| 52 | 52 | | May 10, 2023, by the following vote: Yeas 99, Nays 43, three |
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| 53 | 53 | | present not voting. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Chief Clerk of the House |
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| 56 | 56 | | Approved: |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Date |
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| 59 | 59 | | ______________________________ |
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| 60 | 60 | | Governor |
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