1 | 1 | | By: Hopper H.B. No. 1982 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to limitations on federal authority and federal agents in |
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9 | 9 | | this state, including the licensure of federal agents and special |
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10 | 10 | | procedures for executing federal warrants; creating a criminal |
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11 | 11 | | offense. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | ARTICLE 1. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS |
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14 | 14 | | SECTION 1.01. Title 7, Government Code, is amended by |
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15 | 15 | | adding Chapter 741 to read as follows: |
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16 | 16 | | CHAPTER 741. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS |
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17 | 17 | | IN THIS STATE |
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18 | 18 | | SUBCHAPTER A. GENERAL PROVISIONS |
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19 | 19 | | Sec. 741.001. DEFINITIONS. In this chapter: |
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20 | 20 | | (1) "federal agent" means an elected or appointed |
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21 | 21 | | federal officer or any employee of a federal agency, including a |
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22 | 22 | | federal law enforcement officer. |
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23 | 23 | | (2) "Criminal prosecutions division" means the |
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24 | 24 | | criminal prosecutions division of the attorney general's office. |
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25 | 25 | | Sec. 741.002. CONFLICT OF LAWS. To the extent this chapter |
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26 | 26 | | conflicts with another law, this chapter prevails. |
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27 | 27 | | SUBCHAPTER B. PEACE OFFICER LICENSING |
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28 | 28 | | Sec. 741.051. LICENSURE OF FEDERAL AGENT AS PEACE OFFICER |
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29 | 29 | | PROHIBITED. The Texas Commission on Law Enforcement may not issue a |
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30 | 30 | | peace officer license to a federal agent. |
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31 | 31 | | Sec. 741.052. REVOCATION OF PEACE OFFICER LICENSE IF PERSON |
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32 | 32 | | IS FEDERAL AGENT. The Texas Commission on Law Enforcement shall |
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33 | 33 | | revoke under the procedures provided by Subchapter K, Chapter 1701, |
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34 | 34 | | Occupations Code, the peace officer license of a person who is a |
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35 | 35 | | federal agent. |
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36 | 36 | | SUBCHAPTER C. SPECIAL PROCEDURE FOR FEDERAL WARRANTS |
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37 | 37 | | Sec. 741.101. ATTORNEY GENERAL REVIEW OF FEDERAL WARRANT. |
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38 | 38 | | (a) A search or arrest warrant issued by a federal court, |
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39 | 39 | | including the United States Foreign Intelligence Surveillance |
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40 | 40 | | Court, against a United States citizen domiciled in Texas, may not |
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41 | 41 | | be executed in this state unless: |
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42 | 42 | | (1) the warrant is reviewed and approved by criminal |
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43 | 43 | | prosecutions division of the attorney general's office; and |
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44 | 44 | | (2) the appropriate sheriff for the county where the |
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45 | 45 | | warrant is to be executed; |
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46 | 46 | | (3) subject to Section 741.103, the appropriate |
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47 | 47 | | sheriff may at their discretion execute the warrant on behalf of the |
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48 | 48 | | federal government. |
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49 | 49 | | (b) A federal agent may apply to the attorney general for |
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50 | 50 | | review of a warrant described by Subsection (a). The application |
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51 | 51 | | must include: |
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52 | 52 | | (1) all of the evidence that forms the basis for the |
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53 | 53 | | finding of probable cause underlying the warrant, regardless of |
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54 | 54 | | which court or grand jury the evidence was presented to; and |
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55 | 55 | | (2) any rulings, findings of fact, or conclusions of |
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56 | 56 | | law the court made in issuing the warrant. |
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57 | 57 | | (c) In the discretion of the attorney general, the attorney |
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58 | 58 | | general may approve or disapprove the execution of the warrant in |
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59 | 59 | | this state. |
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60 | 60 | | Sec. 741.102. APPROVED WARRANT PROVIDED TO APPROPRIATE |
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61 | 61 | | SHERIFF. On approving a warrant under Section 741.101, the |
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62 | 62 | | attorney general shall provide a certified copy of the warrant to |
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63 | 63 | | the appropriate sheriff with jurisdiction of the county in which |
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64 | 64 | | the warrant is to be executed. |
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65 | 65 | | Sec. 741.103. SHERIFF MAY REFUSE OR EXECUTE WARRANT. (a) |
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66 | 66 | | On receipt of a warrant under Section 741.102, the sheriff may: |
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67 | 67 | | (1) execute the warrant; |
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68 | 68 | | (2) grant authority for federal law enforcement to |
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69 | 69 | | execute the warrant; or |
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70 | 70 | | (3) refuse to execute the warrant. |
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71 | 71 | | (b) If the sheriff executes a warrant described by Section |
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72 | 72 | | 741.102, a federal agent may only be present when the warrant is |
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73 | 73 | | executed with approval of the sheriff for the county in which the |
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74 | 74 | | warrant is to be executed. |
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75 | 75 | | SUBCHAPTER D. HEARING REQUIRED FOR SURRENDER OF TEXAS CITIZEN TO |
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76 | 76 | | FEDERAL CUSTODY |
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77 | 77 | | Sec. 741.151. (a) In this section, "correctional facility" |
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78 | 78 | | has the meaning assigned by Section 1.07, Penal Code. |
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79 | 79 | | (b) A citizen of this state confined in any correctional |
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80 | 80 | | facility in this state is entitled to a hearing before the citizen |
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81 | 81 | | may be transferred into the custody of a federal agent or agency. |
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82 | 82 | | (c) The hearing must be held by a district court of this |
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83 | 83 | | state. |
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84 | 84 | | SUBCHAPTER E. LIMITATIONS ON FEDERAL AUTHORITY |
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85 | 85 | | Sec. 741.201. CERTAIN FEDERAL AUTHORITY NOT RECOGNIZED. |
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86 | 86 | | (a) A federal agent may not discharge the agent's official duties |
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87 | 87 | | on any property in this state, other than property for which the |
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88 | 88 | | United States has exclusive or concurrent jurisdiction and only to |
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89 | 89 | | the extent of that jurisdiction, unless the federal agent is |
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90 | 90 | | discharging official duties for which legal authority is |
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91 | 91 | | specifically enumerated in the United States Constitution, or is |
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92 | 92 | | acting pursuant to the request, or with the approval of, state or |
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93 | 93 | | local law enforcement. |
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94 | 94 | | (b) This state does not recognize the authority under |
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95 | 95 | | federal law for a federal agent to engage in conduct that violates |
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96 | 96 | | Subsection (a). |
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97 | 97 | | SECTION 1.02. Section 37.11(a), Penal Code, is amended to |
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98 | 98 | | read as follows: |
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99 | 99 | | (a) A person commits an offense if the person: |
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100 | 100 | | (1) impersonates a public servant with intent to |
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101 | 101 | | induce another to submit to the person's pretended official |
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102 | 102 | | authority or to rely on the person's pretended official acts; [or] |
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103 | 103 | | (2) knowingly purports to exercise, without legal |
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104 | 104 | | authority, any function of a public servant or of a public office, |
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105 | 105 | | including that of a judge and court; or |
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106 | 106 | | (3) knowingly engages in conduct that violates Section |
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107 | 107 | | 741.201(a), Government Code. |
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108 | 108 | | SECTION 1.03. Art. 2A.002(a), Code of Criminal Procedure, |
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109 | 109 | | is amended to read as follows: |
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110 | 110 | | (a) The following criminal investigators of the United |
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111 | 111 | | States are not peace officers butand do not have the powers of |
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112 | 112 | | arrest, search, and seizure, for violations of law in this state not |
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113 | 113 | | expressly granted by statute, unless at the direction of state and |
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114 | 114 | | local law enforcement or as to felony offenses only: |
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115 | 115 | | ARTICLE 2. CONFORMING AMENDMENTS |
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116 | 116 | | SECTION 2.01. Article 2A.052(b), Code of Criminal |
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117 | 117 | | Procedure, is amended to read as follows: |
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118 | 118 | | (b) An establishment serving the public may not prohibit or |
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119 | 119 | | otherwise restrict a peace officer or federal special investigator |
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120 | 120 | | as defined by Section 1.07, Penal Code, from carrying on the |
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121 | 121 | | establishment's premises a weapon that the officer or investigator |
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122 | 122 | | is otherwise authorized to carry, regardless of whether the officer |
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123 | 123 | | or investigator is engaged in the actual discharge of the officer's |
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124 | 124 | | or investigator's duties while carrying the weapon. |
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125 | 125 | | SECTION 2.02. The heading to Article 38.141, Code of |
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126 | 126 | | Criminal Procedure, is amended to read as follows: |
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127 | 127 | | Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER OR |
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128 | 128 | | SPECIAL INVESTIGATOR. |
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129 | 129 | | SECTION 2.03. Articles 38.141(a) and (c), Code of Criminal |
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130 | 130 | | Procedure, are amended to read as follows: |
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131 | 131 | | (a) A defendant may not be convicted of an offense under |
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132 | 132 | | Chapter 481, Health and Safety Code, on the testimony of a person |
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133 | 133 | | who is not a licensed peace officer or a special investigator but |
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134 | 134 | | who is acting covertly on behalf of a law enforcement agency or |
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135 | 135 | | under the color of law enforcement unless the testimony is |
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136 | 136 | | corroborated by other evidence tending to connect the defendant |
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137 | 137 | | with the offense committed. |
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138 | 138 | | (c) In this article, "peace officer" means a person listed |
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139 | 139 | | in Article 2A.001, and "special investigator" means a person listed |
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140 | 140 | | in Article 2A.002. |
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141 | 141 | | SECTION 2.04. Section 552.1175(a), Government Code, is |
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142 | 142 | | amended to read as follows: |
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143 | 143 | | (a) This section applies only to: |
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144 | 144 | | (1) current or honorably retired peace officers as |
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145 | 145 | | defined by Article 2A.001, Code of Criminal Procedure, or federal |
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146 | 146 | | special investigators as defined by Section 1.07, Penal Code |
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147 | 147 | | described by Article 2A.002, Code of Criminal Procedure; |
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148 | 148 | | (2) current or honorably retired county jailers as |
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149 | 149 | | defined by Section 1701.001, Occupations Code; |
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150 | 150 | | (3) current or former employees of the Texas |
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151 | 151 | | Department of Criminal Justice or of the predecessor in function of |
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152 | 152 | | the department or any division of the department; |
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153 | 153 | | (4) commissioned security officers as defined by |
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154 | 154 | | Section 1702.002, Occupations Code; |
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155 | 155 | | (5) a current or former district attorney, criminal |
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156 | 156 | | district attorney, or county or municipal attorney whose |
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157 | 157 | | jurisdiction includes any criminal law or child protective services |
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158 | 158 | | matters; |
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159 | 159 | | (6) [(5-a)] a current or former employee of a district |
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160 | 160 | | attorney, criminal district attorney, or county or municipal |
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161 | 161 | | attorney whose jurisdiction includes any criminal law or child |
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162 | 162 | | protective services matters; |
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163 | 163 | | (7) [(6)] officers and employees of a community |
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164 | 164 | | supervision and corrections department established under Chapter |
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165 | 165 | | 76 who perform a duty described by Section 76.004(b); |
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166 | 166 | | (8) (7) criminal investigators of the United States as |
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167 | 167 | | described by Article 2A.002(a), Code of Criminal Procedure; |
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168 | 168 | | (9) (8) current or honorably retired police officers |
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169 | 169 | | and inspectors of the United States Federal Protective Service; |
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170 | 170 | | (10) (9) current and former employees of the office of |
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171 | 171 | | the attorney general who are or were assigned to a division of that |
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172 | 172 | | office the duties of which involve law enforcement or are performed |
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173 | 173 | | under Chapter 231, Family Code; |
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174 | 174 | | (11) (10) current or former juvenile probation and |
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175 | 175 | | detention officers certified by the Texas Juvenile Justice |
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176 | 176 | | Department, or the predecessors in function of the department, |
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177 | 177 | | under Title 12, Human Resources Code; |
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178 | 178 | | (12) (11) current or former employees of a juvenile |
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179 | 179 | | justice program or facility, as those terms are defined by Section |
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180 | 180 | | 261.405, Family Code; |
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181 | 181 | | (13) (12) current or former employees of the Texas |
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182 | 182 | | Juvenile Justice Department or the predecessors in function of the |
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183 | 183 | | department; |
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184 | 184 | | (14) (13) federal judges and state judges as defined |
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185 | 185 | | by Section 1.005, Election Code; |
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186 | 186 | | (15) (14) current or former employees of the Texas |
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187 | 187 | | Civil Commitment Office or of the predecessor in function of the |
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188 | 188 | | office or a division of the office; |
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189 | 189 | | (16) (15) a current or former member of the United |
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190 | 190 | | States Army, Navy, Air Force, Coast Guard, or Marine Corps, an |
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191 | 191 | | auxiliary service of one of those branches of the armed forces, or |
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192 | 192 | | the Texas military forces, as that term is defined by Section |
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193 | 193 | | 437.001; |
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194 | 194 | | (17) (16) a current or former child protective |
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195 | 195 | | services caseworker, adult protective services caseworker, or |
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196 | 196 | | investigator for the Department of Family and Protective Services |
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197 | 197 | | or a current or former employee of a department contractor |
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198 | 198 | | performing child protective services caseworker, adult protective |
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199 | 199 | | services caseworker, or investigator functions for the contractor |
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200 | 200 | | on behalf of the department; |
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201 | 201 | | (18) (17) an elected public officer; |
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202 | 202 | | (19) (18) a firefighter or volunteer firefighter or |
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203 | 203 | | emergency medical services personnel as defined by Section 773.003, |
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204 | 204 | | Health and Safety Code; and |
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205 | 205 | | (20) (19) a current or former United States attorney, |
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206 | 206 | | assistant United States attorney, federal public defender, deputy |
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207 | 207 | | federal public defender, or assistant federal public defender. |
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208 | 208 | | SECTION 2.05. Section 3105.003(a), Government Code, is |
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209 | 209 | | amended to read as follows: |
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210 | 210 | | (a) A person is eligible to have the person's name on the |
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211 | 211 | | monument if the person was killed in the line of duty and was: |
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212 | 212 | | (1) a law enforcement officer or peace officer for |
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213 | 213 | | this state or a political subdivision of this state under Article |
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214 | 214 | | 2A.001, Code of Criminal Procedure, or other law; |
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215 | 215 | | (2) a federal law enforcement officer or special agent |
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216 | 216 | | performing duties in this state, including those officers under |
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217 | 217 | | Article 2A.002, Code of Criminal Procedure; |
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218 | 218 | | (3) a corrections or detention officer or county or |
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219 | 219 | | municipal jailer employed or appointed by a municipal, county, or |
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220 | 220 | | state penal institution in this state; or |
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221 | 221 | | (4) employed by this state or a political subdivision |
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222 | 222 | | of this state and considered by the person's employer to be a |
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223 | 223 | | trainee for a position described by Subdivision (1), (2), or (3). |
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224 | 224 | | SECTION 2.06. Section 243.051(a), Human Resources Code, is |
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225 | 225 | | amended to read as follows: |
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226 | 226 | | (a) If a child who has been committed to the department and |
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227 | 227 | | placed by the department in any institution or facility has escaped |
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228 | 228 | | or has been released under supervision and broken the conditions of |
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229 | 229 | | release: |
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230 | 230 | | (1) a sheriff, deputy sheriff, constable, [special |
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231 | 231 | | investigator,] or peace officer may, without a warrant, arrest the |
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232 | 232 | | child; or |
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233 | 233 | | (2) a department employee designated by the executive |
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234 | 234 | | director may, without a warrant or other order, take the child into |
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235 | 235 | | the custody of the department. |
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236 | 236 | | SECTION 2.09. Section 86.0021(a), Local Government Code, is |
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237 | 237 | | amended to read as follows: |
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238 | 238 | | (a) A person is not eligible to serve as constable unless: |
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239 | 239 | | (1) the person is eligible to be licensed under |
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240 | 240 | | Sections 1701.309 and 1701.312, Occupations Code, and: |
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241 | 241 | | (A) has at least an associate's degree conferred |
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242 | 242 | | by an institution of higher education accredited by an accrediting |
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243 | 243 | | organization recognized by the Texas Higher Education Coordinating |
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244 | 244 | | Board; or |
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245 | 245 | | (B) [is a special investigator under Article |
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246 | 246 | | 2A.002(a), Code of Criminal Procedure; or |
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247 | 247 | | [(C)] is an honorably retired peace officer or |
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248 | 248 | | honorably retired federal criminal investigator who holds a |
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249 | 249 | | certificate of proficiency issued under Section 1701.357, |
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250 | 250 | | Occupations Code; or |
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251 | 251 | | (2) the person is an active or inactive licensed peace |
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252 | 252 | | officer under Chapter 1701, Occupations Code. |
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253 | 253 | | SECTION 2.10. Section 1.07(a)(46-b), Penal Code, is amended |
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254 | 254 | | to read as follows: |
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255 | 255 | | (46-b) "Federal special investigator" means a person |
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256 | 256 | | described by Article 2A.002, Code of Criminal Procedure |
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257 | 257 | | SECTION 2.11. Section 20.01(8), Penal Code, is amended to |
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258 | 258 | | read as follows: |
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259 | 259 | | (8) "Federal special [Special] investigator" includes |
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260 | 260 | | an agent of the United States Department of Homeland Security. |
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261 | 261 | | SECTION 2.12. Section 20.05(a), Penal Code, is amended to |
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262 | 262 | | read as follows: |
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263 | 263 | | (a) A person commits an offense if the person knowingly: |
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264 | 264 | | (1) uses a motor vehicle, aircraft, watercraft, or |
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265 | 265 | | other means of conveyance to transport an individual with the |
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266 | 266 | | intent to: |
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267 | 267 | | (A) conceal the individual from a peace officer |
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268 | 268 | | or federal special investigator; or |
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269 | 269 | | (B) flee from a person the actor knows is a peace |
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270 | 270 | | officer or federal special investigator attempting to lawfully |
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271 | 271 | | arrest or detain the actor; |
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272 | 272 | | (2) encourages or induces a person to enter or remain |
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273 | 273 | | in this country in violation of federal law by concealing, |
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274 | 274 | | harboring, or shielding that person from detection; or |
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275 | 275 | | (3) assists, guides, or directs two or more |
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276 | 276 | | individuals to enter or remain on agricultural land without the |
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277 | 277 | | effective consent of the owner. |
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278 | 278 | | SECTION 2.13. Section 30.05(i), Penal Code, is amended to |
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279 | 279 | | read as follows: |
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280 | 280 | | (i) This section does not apply if: |
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281 | 281 | | (1) the basis on which entry on the property or land or |
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282 | 282 | | in the building was forbidden is that entry with a handgun or other |
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283 | 283 | | weapon was forbidden; and |
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284 | 284 | | (2) the actor at the time of the offense was a peace |
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285 | 285 | | officer, including a commissioned peace officer of a recognized |
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286 | 286 | | state, or a federal special investigator under Article 2A.002, Code |
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287 | 287 | | of Criminal Procedure, regardless of whether the peace officer or |
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288 | 288 | | federal special investigator was engaged in the actual discharge of |
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289 | 289 | | an official duty while carrying the weapon. |
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290 | 290 | | SECTION 2.14. Section 46.15(a), Penal Code, as amended by |
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291 | 291 | | Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts |
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292 | 292 | | of the 88th Legislature, Regular Session, 2023, is reenacted and |
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293 | 293 | | amended to read as follows: |
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294 | 294 | | (a) Sections 46.02 and 46.03 do not apply to: |
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295 | 295 | | (1) peace officers or federal special investigators |
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296 | 296 | | under Article 2A.002, Code of Criminal Procedure, and neither |
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297 | 297 | | section prohibits a peace officer or federal special investigator |
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298 | 298 | | from carrying a weapon in this state, including in an establishment |
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299 | 299 | | in this state serving the public, regardless of whether the peace |
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300 | 300 | | officer or federal special investigator is engaged in the actual |
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301 | 301 | | discharge of the officer's or investigator's duties while carrying |
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302 | 302 | | the weapon; |
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303 | 303 | | (2) parole officers, and neither section prohibits an |
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304 | 304 | | officer from carrying a weapon in this state if the officer is: |
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305 | 305 | | (A) engaged in the actual discharge of the |
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306 | 306 | | officer's duties while carrying the weapon; and |
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307 | 307 | | (B) in compliance with policies and procedures |
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308 | 308 | | adopted by the Texas Department of Criminal Justice regarding the |
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309 | 309 | | possession of a weapon by an officer while on duty; |
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310 | 310 | | (3) community supervision and corrections department |
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311 | 311 | | officers appointed or employed under Section 76.004, Government |
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312 | 312 | | Code, and neither section prohibits an officer from carrying a |
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313 | 313 | | weapon in this state if the officer is: |
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314 | 314 | | (A) engaged in the actual discharge of the |
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315 | 315 | | officer's duties while carrying the weapon; and |
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316 | 316 | | (B) authorized to carry a weapon under Section |
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317 | 317 | | 76.0051, Government Code; |
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318 | 318 | | (4) an active or retired judicial officer as defined |
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319 | 319 | | by Section 411.201, Government Code, who is licensed to carry a |
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320 | 320 | | handgun under Subchapter H, Chapter 411, Government Code; |
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321 | 321 | | (5) an honorably retired peace officer or other |
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322 | 322 | | qualified retired law enforcement officer, as defined by 18 U.S.C. |
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323 | 323 | | Section 926C, who holds a certificate of proficiency issued under |
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324 | 324 | | Section 1701.357, Occupations Code, and is carrying a photo |
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325 | 325 | | identification that is issued by a federal, state, or local law |
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326 | 326 | | enforcement agency, as applicable, and that verifies that the |
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327 | 327 | | officer is an honorably retired peace officer or other qualified |
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328 | 328 | | retired law enforcement officer; |
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329 | 329 | | (6) the attorney general or a United States attorney, |
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330 | 330 | | district attorney, criminal district attorney, county attorney, or |
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331 | 331 | | municipal attorney who is licensed to carry a handgun under |
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332 | 332 | | Subchapter H, Chapter 411, Government Code; |
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333 | 333 | | (7) an assistant United States attorney, assistant |
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334 | 334 | | attorney general, assistant district attorney, assistant criminal |
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335 | 335 | | district attorney, or assistant county attorney who is licensed to |
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336 | 336 | | carry a handgun under Subchapter H, Chapter 411, Government Code; |
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337 | 337 | | (8) a bailiff designated by an active judicial officer |
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338 | 338 | | as defined by Section 411.201, Government Code, who is: |
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339 | 339 | | (A) licensed to carry a handgun under Subchapter |
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340 | 340 | | H, Chapter 411, Government Code; and |
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341 | 341 | | (B) engaged in escorting the judicial officer; |
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342 | 342 | | (9) a juvenile probation officer who is authorized to |
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343 | 343 | | carry a firearm under Section 142.006, Human Resources Code; |
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344 | 344 | | (10) a person who is volunteer emergency services |
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345 | 345 | | personnel if the person is: |
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346 | 346 | | (A) carrying a handgun under the authority of |
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347 | 347 | | Subchapter H, Chapter 411, Government Code; and |
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348 | 348 | | (B) engaged in providing emergency services; |
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349 | 349 | | [or] |
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350 | 350 | | (11) a person who: |
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351 | 351 | | (A) retired after serving as a judge or justice |
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352 | 352 | | described by Section 411.201(a)(1), Government Code; and |
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353 | 353 | | (B) is licensed to carry a handgun under |
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354 | 354 | | Subchapter H, Chapter 411, Government Code; or |
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355 | 355 | | (12) [(11)] a district or county clerk who is carrying |
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356 | 356 | | a handgun the clerk is licensed to carry under Subchapter H, Chapter |
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357 | 357 | | 411, Government Code. |
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358 | 358 | | SECTION 2.15. Section 201.910(b), Transportation Code, is |
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359 | 359 | | amended to read as follows: |
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360 | 360 | | (b) As used in this section, "peace officer" means a person |
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361 | 361 | | who was: |
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362 | 362 | | (1) a law enforcement officer or peace officer for |
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363 | 363 | | this state or a political subdivision of this state under Article |
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364 | 364 | | 2A.001, Code of Criminal Procedure, or other law; or |
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365 | 365 | | (2) a federal law enforcement officer or special agent |
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366 | 366 | | performing duties in this state, including those officers under |
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367 | 367 | | Article 2A.002, Code of Criminal Procedure. |
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368 | 368 | | SECTION 2.16. Section 521.1211(a)(1), Transportation Code, |
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369 | 369 | | is amended to read as follows: |
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370 | 370 | | (1) "Peace officer" has the meaning assigned by |
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371 | 371 | | Article 2A.001, Code of Criminal Procedure, except that the term |
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372 | 372 | | includes a federal special investigator as defined by Article |
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373 | 373 | | 2A.002, Code of Criminal Procedure. |
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374 | 374 | | SECTION 2.17. Section 25.025(a), Tax Code, as amended by |
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375 | 375 | | Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. |
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376 | 376 | | 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular |
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377 | 377 | | Session, 2023, is reenacted and amended to read as follows: |
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378 | 378 | | (a) This section applies only to: |
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379 | 379 | | (1) a current or former peace officer as defined by |
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380 | 380 | | Article 2A.001, Code of Criminal Procedure, and the spouse or |
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381 | 381 | | surviving spouse of the peace officer; |
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382 | 382 | | (2) the adult child of a current peace officer as |
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383 | 383 | | defined by Article 2A.001, Code of Criminal Procedure; |
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384 | 384 | | (3) a current or honorably retired county jailer as |
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385 | 385 | | defined by Section 1701.001, Occupations Code; |
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386 | 386 | | (4) an employee of the Texas Department of Criminal |
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387 | 387 | | Justice; |
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388 | 388 | | (5) a commissioned security officer as defined by |
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389 | 389 | | Section 1702.002, Occupations Code; |
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390 | 390 | | (6) an individual who shows that the individual, the |
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391 | 391 | | individual's child, or another person in the individual's household |
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392 | 392 | | is a victim of family violence as defined by Section 71.004, Family |
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393 | 393 | | Code, by providing: |
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394 | 394 | | (A) a copy of a protective order issued under |
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395 | 395 | | Chapter 85, Family Code, or a magistrate's order for emergency |
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396 | 396 | | protection issued under Article 17.292, Code of Criminal Procedure; |
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397 | 397 | | or |
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398 | 398 | | (B) other independent documentary evidence |
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399 | 399 | | necessary to show that the individual, the individual's child, or |
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400 | 400 | | another person in the individual's household is a victim of family |
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401 | 401 | | violence; |
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402 | 402 | | (7) an individual who shows that the individual, the |
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403 | 403 | | individual's child, or another person in the individual's household |
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404 | 404 | | is a victim of sexual assault or abuse, stalking, or trafficking of |
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405 | 405 | | persons by providing: |
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406 | 406 | | (A) a copy of a protective order issued under |
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407 | 407 | | Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
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408 | 408 | | magistrate's order for emergency protection issued under Article |
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409 | 409 | | 17.292, Code of Criminal Procedure; or |
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410 | 410 | | (B) other independent documentary evidence |
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411 | 411 | | necessary to show that the individual, the individual's child, or |
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412 | 412 | | another person in the individual's household is a victim of sexual |
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413 | 413 | | assault or abuse, stalking, or trafficking of persons; |
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414 | 414 | | (8) a participant in the address confidentiality |
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415 | 415 | | program administered by the attorney general under Subchapter B, |
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416 | 416 | | Chapter 58, Code of Criminal Procedure, who provides proof of |
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417 | 417 | | certification under Article 58.059, Code of Criminal Procedure; |
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418 | 418 | | (9) a federal judge, a federal bankruptcy judge, a |
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419 | 419 | | marshal of the United States Marshals Service, a state judge, or a |
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420 | 420 | | family member of a federal judge, a federal bankruptcy judge, a |
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421 | 421 | | marshal of the United States Marshals Service, or a state judge; |
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422 | 422 | | (10) a current or former district attorney, criminal |
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423 | 423 | | district attorney, or county or municipal attorney whose |
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424 | 424 | | jurisdiction includes any criminal law or child protective services |
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425 | 425 | | matters; |
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426 | 426 | | (11) a current or former employee of a district |
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427 | 427 | | attorney, criminal district attorney, or county or municipal |
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428 | 428 | | attorney whose jurisdiction includes any criminal law or child |
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429 | 429 | | protective services matters; |
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430 | 430 | | (12) an officer or employee of a community supervision |
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431 | 431 | | and corrections department established under Chapter 76, |
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432 | 432 | | Government Code, who performs a duty described by Section 76.004(b) |
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433 | 433 | | of that code; |
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434 | 434 | | (13) a criminal investigator of the United States as |
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435 | 435 | | described by Article 2A.002(a), Code of Criminal Procedure; |
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436 | 436 | | (14) a current or honorably retired police officer or |
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437 | 437 | | inspector of the United States Federal Protective Service; |
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438 | 438 | | (15) a current or former United States attorney, |
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439 | 439 | | assistant United States attorney, federal public defender, deputy |
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440 | 440 | | federal public defender, or assistant federal public defender and |
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441 | 441 | | the spouse and child of the attorney or public defender; |
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442 | 442 | | (16) a current or former employee of the office of the |
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443 | 443 | | attorney general who is or was assigned to a division of that office |
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444 | 444 | | the duties of which involve law enforcement or are performed under |
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445 | 445 | | Chapter 231, Family Code; |
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446 | 446 | | (17) a medical examiner or person who performs |
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447 | 447 | | forensic analysis or testing who is employed by this state or one or |
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448 | 448 | | more political subdivisions of this state; |
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449 | 449 | | (18) a current or former member of the United States |
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450 | 450 | | armed forces who has served in an area that the president of the |
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451 | 451 | | United States by executive order designates for purposes of 26 |
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452 | 452 | | U.S.C. Section 112 as an area in which armed forces of the United |
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453 | 453 | | States are or have engaged in combat; |
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454 | 454 | | (19) a current or former employee of the Texas |
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455 | 455 | | Juvenile Justice Department or of the predecessors in function of |
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456 | 456 | | the department; |
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457 | 457 | | (20) a current or former juvenile probation or |
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458 | 458 | | supervision officer certified by the Texas Juvenile Justice |
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459 | 459 | | Department, or the predecessors in function of the department, |
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460 | 460 | | under Title 12, Human Resources Code; |
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461 | 461 | | (21) a current or former employee of a juvenile |
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462 | 462 | | justice program or facility, as those terms are defined by Section |
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463 | 463 | | 261.405, Family Code; |
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464 | 464 | | (22) a current or former employee of the Texas Civil |
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465 | 465 | | Commitment Office or the predecessor in function of the office or a |
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466 | 466 | | division of the office; |
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467 | 467 | | (23) a current or former employee of a federal judge or |
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468 | 468 | | state judge; |
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469 | 469 | | (24) a current or former child protective services |
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470 | 470 | | caseworker, adult protective services caseworker, or investigator |
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471 | 471 | | for the Department of Family and Protective Services or a current or |
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472 | 472 | | former employee of a department contractor performing child |
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473 | 473 | | protective services caseworker, adult protective services |
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474 | 474 | | caseworker, or investigator functions for the contractor on behalf |
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475 | 475 | | of the department; |
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476 | 476 | | (25) an elected public officer; |
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477 | 477 | | (26) a firefighter or volunteer firefighter or |
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478 | 478 | | emergency medical services personnel as defined by Section 773.003, |
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479 | 479 | | Health and Safety Code; |
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480 | 480 | | (27) a customs and border protection officer or border |
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481 | 481 | | patrol agent of United States Customs and Border Protection or the |
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482 | 482 | | spouse, surviving spouse, or adult child of a customs and border |
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483 | 483 | | protection officer or border patrol agent; |
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484 | 484 | | (28) [(27) a current or former attorney for the |
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485 | 485 | | Department of Family and Protective Services |
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486 | 486 | | [(27)] a current or former employee or contract staff |
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487 | 487 | | member of a university health care provider at a corrections |
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488 | 488 | | facility operated by the Texas Department of Criminal Justice or |
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489 | 489 | | the Texas Juvenile Justice Department; and |
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490 | 490 | | (29) [(28)] a current or former attorney for the |
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491 | 491 | | Department of Family and Protective Services. |
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492 | 492 | | ARTICLE 3. REPEALER; TRANSITIONS; EFFECTIVE DATE |
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493 | 493 | | SECTION 3.01. The following provisions are repealed: |
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494 | 494 | | (1) Section 100.001, Civil Practice and Remedies Code. |
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495 | 495 | | (2) Section 85.011, Local Government Code, Subsection |
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496 | 496 | | (3). |
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497 | 497 | | SECTION 3.02. Section 741.052, Government Code, as added by |
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498 | 498 | | this Act, applies to a person who holds a peace officer license and |
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499 | 499 | | is a federal agent on or after the effective date of this Act. |
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500 | 500 | | SECTION 3.03. To the extent of any conflict, this Act |
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501 | 501 | | prevails over another Act of the 89th Legislature, Regular Session, |
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502 | 502 | | 2025, relating to nonsubstantive additions to and corrections in |
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503 | 503 | | enacted codes. |
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504 | 504 | | SECTION 3.04. This Act takes effect September 1, 2025. |
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