By: Hopper H.B. No. 1982
A BILL TO BE ENTITLED
AN ACT
relating to limitations on federal authority and federal agents in
this state, including the licensure of federal agents and special
procedures for executing federal warrants; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS
SECTION 1.01. Title 7, Government Code, is amended by
adding Chapter 741 to read as follows:
CHAPTER 741. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS
IN THIS STATE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 741.001. DEFINITIONS. In this chapter:
(1) "federal agent" means an elected or appointed
federal officer or any employee of a federal agency, including a
federal law enforcement officer.
(2) "Criminal prosecutions division" means the
criminal prosecutions division of the attorney general's office.
Sec. 741.002. CONFLICT OF LAWS. To the extent this chapter
conflicts with another law, this chapter prevails.
SUBCHAPTER B. PEACE OFFICER LICENSING
Sec. 741.051. LICENSURE OF FEDERAL AGENT AS PEACE OFFICER
PROHIBITED. The Texas Commission on Law Enforcement may not issue a
peace officer license to a federal agent.
Sec. 741.052. REVOCATION OF PEACE OFFICER LICENSE IF PERSON
IS FEDERAL AGENT. The Texas Commission on Law Enforcement shall
revoke under the procedures provided by Subchapter K, Chapter 1701,
Occupations Code, the peace officer license of a person who is a
federal agent.
SUBCHAPTER C. SPECIAL PROCEDURE FOR FEDERAL WARRANTS
Sec. 741.101. ATTORNEY GENERAL REVIEW OF FEDERAL WARRANT.
(a) A search or arrest warrant issued by a federal court,
including the United States Foreign Intelligence Surveillance
Court, against a United States citizen domiciled in Texas, may not
be executed in this state unless:
(1) the warrant is reviewed and approved by criminal
prosecutions division of the attorney general's office; and
(2) the appropriate sheriff for the county where the
warrant is to be executed;
(3) subject to Section 741.103, the appropriate
sheriff may at their discretion execute the warrant on behalf of the
federal government.
(b) A federal agent may apply to the attorney general for
review of a warrant described by Subsection (a). The application
must include:
(1) all of the evidence that forms the basis for the
finding of probable cause underlying the warrant, regardless of
which court or grand jury the evidence was presented to; and
(2) any rulings, findings of fact, or conclusions of
law the court made in issuing the warrant.
(c) In the discretion of the attorney general, the attorney
general may approve or disapprove the execution of the warrant in
this state.
Sec. 741.102. APPROVED WARRANT PROVIDED TO APPROPRIATE
SHERIFF. On approving a warrant under Section 741.101, the
attorney general shall provide a certified copy of the warrant to
the appropriate sheriff with jurisdiction of the county in which
the warrant is to be executed.
Sec. 741.103. SHERIFF MAY REFUSE OR EXECUTE WARRANT. (a)
On receipt of a warrant under Section 741.102, the sheriff may:
(1) execute the warrant;
(2) grant authority for federal law enforcement to
execute the warrant; or
(3) refuse to execute the warrant.
(b) If the sheriff executes a warrant described by Section
741.102, a federal agent may only be present when the warrant is
executed with approval of the sheriff for the county in which the
warrant is to be executed.
SUBCHAPTER D. HEARING REQUIRED FOR SURRENDER OF TEXAS CITIZEN TO
FEDERAL CUSTODY
Sec. 741.151. (a) In this section, "correctional facility"
has the meaning assigned by Section 1.07, Penal Code.
(b) A citizen of this state confined in any correctional
facility in this state is entitled to a hearing before the citizen
may be transferred into the custody of a federal agent or agency.
(c) The hearing must be held by a district court of this
state.
SUBCHAPTER E. LIMITATIONS ON FEDERAL AUTHORITY
Sec. 741.201. CERTAIN FEDERAL AUTHORITY NOT RECOGNIZED.
(a) A federal agent may not discharge the agent's official duties
on any property in this state, other than property for which the
United States has exclusive or concurrent jurisdiction and only to
the extent of that jurisdiction, unless the federal agent is
discharging official duties for which legal authority is
specifically enumerated in the United States Constitution, or is
acting pursuant to the request, or with the approval of, state or
local law enforcement.
(b) This state does not recognize the authority under
federal law for a federal agent to engage in conduct that violates
Subsection (a).
SECTION 1.02. Section 37.11(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person:
(1) impersonates a public servant with intent to
induce another to submit to the person's pretended official
authority or to rely on the person's pretended official acts; [or]
(2) knowingly purports to exercise, without legal
authority, any function of a public servant or of a public office,
including that of a judge and court; or
(3) knowingly engages in conduct that violates Section
741.201(a), Government Code.
SECTION 1.03. Art. 2A.002(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The following criminal investigators of the United
States are not peace officers butand do not have the powers of
arrest, search, and seizure, for violations of law in this state not
expressly granted by statute, unless at the direction of state and
local law enforcement or as to felony offenses only:
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Article 2A.052(b), Code of Criminal
Procedure, is amended to read as follows:
(b) An establishment serving the public may not prohibit or
otherwise restrict a peace officer or federal special investigator
as defined by Section 1.07, Penal Code, from carrying on the
establishment's premises a weapon that the officer or investigator
is otherwise authorized to carry, regardless of whether the officer
or investigator is engaged in the actual discharge of the officer's
or investigator's duties while carrying the weapon.
SECTION 2.02. The heading to Article 38.141, Code of
Criminal Procedure, is amended to read as follows:
Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER OR
SPECIAL INVESTIGATOR.
SECTION 2.03. Articles 38.141(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) A defendant may not be convicted of an offense under
Chapter 481, Health and Safety Code, on the testimony of a person
who is not a licensed peace officer or a special investigator but
who is acting covertly on behalf of a law enforcement agency or
under the color of law enforcement unless the testimony is
corroborated by other evidence tending to connect the defendant
with the offense committed.
(c) In this article, "peace officer" means a person listed
in Article 2A.001, and "special investigator" means a person listed
in Article 2A.002.
SECTION 2.04. Section 552.1175(a), Government Code, is
amended to read as follows:
(a) This section applies only to:
(1) current or honorably retired peace officers as
defined by Article 2A.001, Code of Criminal Procedure, or federal
special investigators as defined by Section 1.07, Penal Code
described by Article 2A.002, Code of Criminal Procedure;
(2) current or honorably retired county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) [(5-a)] a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(7) [(6)] officers and employees of a community
supervision and corrections department established under Chapter
76 who perform a duty described by Section 76.004(b);
(8) (7) criminal investigators of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(9) (8) current or honorably retired police officers
and inspectors of the United States Federal Protective Service;
(10) (9) current and former employees of the office of
the attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement or are performed
under Chapter 231, Family Code;
(11) (10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(12) (11) current or former employees of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(13) (12) current or former employees of the Texas
Juvenile Justice Department or the predecessors in function of the
department;
(14) (13) federal judges and state judges as defined
by Section 1.005, Election Code;
(15) (14) current or former employees of the Texas
Civil Commitment Office or of the predecessor in function of the
office or a division of the office;
(16) (15) a current or former member of the United
States Army, Navy, Air Force, Coast Guard, or Marine Corps, an
auxiliary service of one of those branches of the armed forces, or
the Texas military forces, as that term is defined by Section
437.001;
(17) (16) a current or former child protective
services caseworker, adult protective services caseworker, or
investigator for the Department of Family and Protective Services
or a current or former employee of a department contractor
performing child protective services caseworker, adult protective
services caseworker, or investigator functions for the contractor
on behalf of the department;
(18) (17) an elected public officer;
(19) (18) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code; and
(20) (19) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender.
SECTION 2.05. Section 3105.003(a), Government Code, is
amended to read as follows:
(a) A person is eligible to have the person's name on the
monument if the person was killed in the line of duty and was:
(1) a law enforcement officer or peace officer for
this state or a political subdivision of this state under Article
2A.001, Code of Criminal Procedure, or other law;
(2) a federal law enforcement officer or special agent
performing duties in this state, including those officers under
Article 2A.002, Code of Criminal Procedure;
(3) a corrections or detention officer or county or
municipal jailer employed or appointed by a municipal, county, or
state penal institution in this state; or
(4) employed by this state or a political subdivision
of this state and considered by the person's employer to be a
trainee for a position described by Subdivision (1), (2), or (3).
SECTION 2.06. Section 243.051(a), Human Resources Code, is
amended to read as follows:
(a) If a child who has been committed to the department and
placed by the department in any institution or facility has escaped
or has been released under supervision and broken the conditions of
release:
(1) a sheriff, deputy sheriff, constable, [special
investigator,] or peace officer may, without a warrant, arrest the
child; or
(2) a department employee designated by the executive
director may, without a warrant or other order, take the child into
the custody of the department.
SECTION 2.09. Section 86.0021(a), Local Government Code, is
amended to read as follows:
(a) A person is not eligible to serve as constable unless:
(1) the person is eligible to be licensed under
Sections 1701.309 and 1701.312, Occupations Code, and:
(A) has at least an associate's degree conferred
by an institution of higher education accredited by an accrediting
organization recognized by the Texas Higher Education Coordinating
Board; or
(B) [is a special investigator under Article
2A.002(a), Code of Criminal Procedure; or
[(C)] is an honorably retired peace officer or
honorably retired federal criminal investigator who holds a
certificate of proficiency issued under Section 1701.357,
Occupations Code; or
(2) the person is an active or inactive licensed peace
officer under Chapter 1701, Occupations Code.
SECTION 2.10. Section 1.07(a)(46-b), Penal Code, is amended
to read as follows:
(46-b) "Federal special investigator" means a person
described by Article 2A.002, Code of Criminal Procedure
SECTION 2.11. Section 20.01(8), Penal Code, is amended to
read as follows:
(8) "Federal special [Special] investigator" includes
an agent of the United States Department of Homeland Security.
SECTION 2.12. Section 20.05(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) uses a motor vehicle, aircraft, watercraft, or
other means of conveyance to transport an individual with the
intent to:
(A) conceal the individual from a peace officer
or federal special investigator; or
(B) flee from a person the actor knows is a peace
officer or federal special investigator attempting to lawfully
arrest or detain the actor;
(2) encourages or induces a person to enter or remain
in this country in violation of federal law by concealing,
harboring, or shielding that person from detection; or
(3) assists, guides, or directs two or more
individuals to enter or remain on agricultural land without the
effective consent of the owner.
SECTION 2.13. Section 30.05(i), Penal Code, is amended to
read as follows:
(i) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a federal special investigator under Article 2A.002, Code
of Criminal Procedure, regardless of whether the peace officer or
federal special investigator was engaged in the actual discharge of
an official duty while carrying the weapon.
SECTION 2.14. Section 46.15(a), Penal Code, as amended by
Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
of the 88th Legislature, Regular Session, 2023, is reenacted and
amended to read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or federal special investigators
under Article 2A.002, Code of Criminal Procedure, and neither
section prohibits a peace officer or federal special investigator
from carrying a weapon in this state, including in an establishment
in this state serving the public, regardless of whether the peace
officer or federal special investigator is engaged in the actual
discharge of the officer's or investigator's duties while carrying
the weapon;
(2) parole officers, and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active or retired judicial officer as defined
by Section 411.201, Government Code, who is licensed to carry a
handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that is issued by a federal, state, or local law
enforcement agency, as applicable, and that verifies that the
officer is an honorably retired peace officer or other qualified
retired law enforcement officer;
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code;
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services;
[or]
(11) a person who:
(A) retired after serving as a judge or justice
described by Section 411.201(a)(1), Government Code; and
(B) is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code; or
(12) [(11)] a district or county clerk who is carrying
a handgun the clerk is licensed to carry under Subchapter H, Chapter
411, Government Code.
SECTION 2.15. Section 201.910(b), Transportation Code, is
amended to read as follows:
(b) As used in this section, "peace officer" means a person
who was:
(1) a law enforcement officer or peace officer for
this state or a political subdivision of this state under Article
2A.001, Code of Criminal Procedure, or other law; or
(2) a federal law enforcement officer or special agent
performing duties in this state, including those officers under
Article 2A.002, Code of Criminal Procedure.
SECTION 2.16. Section 521.1211(a)(1), Transportation Code,
is amended to read as follows:
(1) "Peace officer" has the meaning assigned by
Article 2A.001, Code of Criminal Procedure, except that the term
includes a federal special investigator as defined by Article
2A.002, Code of Criminal Procedure.
SECTION 2.17. Section 25.025(a), Tax Code, as amended by
Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2A.001, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2A.001, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member of a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement or are performed under
Chapter 231, Family Code;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office;
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(25) an elected public officer;
(26) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code;
(27) a customs and border protection officer or border
patrol agent of United States Customs and Border Protection or the
spouse, surviving spouse, or adult child of a customs and border
protection officer or border patrol agent;
(28) [(27) a current or former attorney for the
Department of Family and Protective Services
[(27)] a current or former employee or contract staff
member of a university health care provider at a corrections
facility operated by the Texas Department of Criminal Justice or
the Texas Juvenile Justice Department; and
(29) [(28)] a current or former attorney for the
Department of Family and Protective Services.
ARTICLE 3. REPEALER; TRANSITIONS; EFFECTIVE DATE
SECTION 3.01. The following provisions are repealed:
(1) Section 100.001, Civil Practice and Remedies Code.
(2) Section 85.011, Local Government Code, Subsection
(3).
SECTION 3.02. Section 741.052, Government Code, as added by
this Act, applies to a person who holds a peace officer license and
is a federal agent on or after the effective date of this Act.
SECTION 3.03. To the extent of any conflict, this Act
prevails over another Act of the 89th Legislature, Regular Session,
2025, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 3.04. This Act takes effect September 1, 2025.