89R11130 JCG-F
By: Hopper H.B. No. 3932
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of unlawful federal
searches and seizures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 39, Penal Code, is amended by adding
Section 39.08 to read as follows:
Sec. 39.08. UNLAWFUL FEDERAL SEARCHES AND SEIZURES. (a) In
this section, "no-knock entry" means the entry of a government or
federal government officer, agent, or employee, for the purpose of
executing a warrant, into a building or other place without giving
notice of the officer's, agent's, or employee's authority or purpose
before entering.
(b) A person commits an offense if the person is an officer,
agent, or employee of:
(1) the federal government and in the course and scope
of duty conducts:
(A) a no-knock entry on the property of a citizen
of this state;
(B) an arrest or search at the residence of a
citizen of this state between the hours of 8 p.m. and 8 a.m.; or
(C) an arrest or search of a citizen of this state
without first obtaining the consent of the sheriff of the county in
which the citizen is located; or
(2) this state or a political subdivision of this
state or any branch or agency of this state or a political
subdivision of this state and in the course and scope of duty
assists an officer, agent, or employee of the federal government in
conducting a no-knock entry, arrest, or search described by
Subdivision (1)(A) or (B).
(c) An offense under this section is a Class A misdemeanor.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the
defendant may be prosecuted under this section, the other law, or
both.
SECTION 2. This Act takes effect September 1, 2025.