| 1 | 1 | | 89R5903 JCG-D |
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| 2 | 2 | | By: Kolkhorst S.B. No. 739 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the definition of authorized peace officer for purposes |
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| 10 | 10 | | of certain laws governing the installation and use of tracking |
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| 11 | 11 | | equipment and access to certain communications. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 18B.001(1), Code of Criminal Procedure, |
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| 14 | 14 | | as amended by Chapters 901 (H.B. 4906) and 950 (S.B. 1727), Acts of |
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| 15 | 15 | | the 88th Legislature, Regular Session, 2023, is reenacted and |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (1) "Authorized peace officer" means: |
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| 18 | 18 | | (A) a sheriff or deputy sheriff; |
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| 19 | 19 | | (B) a constable or deputy constable; |
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| 20 | 20 | | (C) a marshal or police officer of a |
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| 21 | 21 | | municipality; |
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| 22 | 22 | | (D) a ranger or officer commissioned by the |
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| 23 | 23 | | Public Safety Commission or the director of the department; |
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| 24 | 24 | | (E) an investigator of a prosecutor's office; |
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| 25 | 25 | | (F) a law enforcement agent of the Texas |
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| 26 | 26 | | Alcoholic Beverage Commission; |
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| 27 | 27 | | (G) a law enforcement officer commissioned by the |
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| 28 | 28 | | Parks and Wildlife Commission; |
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| 29 | 29 | | (H) an enforcement officer appointed by the |
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| 30 | 30 | | inspector general of the Texas Department of Criminal Justice under |
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| 31 | 31 | | Section 493.019, Government Code; |
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| 32 | 32 | | (I) a law enforcement officer appointed by the |
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| 33 | 33 | | inspector general of the Texas Juvenile Justice Department under |
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| 34 | 34 | | Section 242.102, Human Resources Code; |
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| 35 | 35 | | (J) an investigator commissioned by the attorney |
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| 36 | 36 | | general under Section 402.009, Government Code; |
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| 37 | 37 | | (K) a member of an arson investigating unit |
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| 38 | 38 | | commissioned by a municipality, a county, or the state; |
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| 39 | 39 | | (L) [or (K)] a peace officer commissioned under |
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| 40 | 40 | | Section 37.081 or 51.203, Education Code; or |
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| 41 | 41 | | (M) an investigator commissioned by the |
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| 42 | 42 | | commissioner of insurance under Section 701.104, Insurance Code. |
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| 43 | 43 | | SECTION 2. To the extent of any conflict, this Act prevails |
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| 44 | 44 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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| 45 | 45 | | relating to nonsubstantive additions to and corrections in enacted |
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| 46 | 46 | | codes. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2025. |
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