431 (H.B. Added by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 722. 2.271. 729, Sec. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS. (b) A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only in a municipality some part of the municipal limits of which are within one mile of the boundary between this state and the adjoining state and only at a time the peace officer is regularly assigned to duty in a county, parish, or municipality that adjoins this state. DPS Surcharges; DWI Blood Testing; (c) A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. September 1, 2017. 686), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Aug. 29, 1977. (1) "Establishment serving the public" means: (A) a hotel, motel, or other place of lodging; (B) a restaurant or other place where food is offered for sale to the public; (C) a retail business or other commercial establishment or an office building to which the general public is invited; (E) any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited. May 23, 1973. 2.03, eff. DUTIES REGARDING MISUSED IDENTITY. (d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to: (2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. (b) A law enforcement agency is not required to perform a duty imposed by Subsection (a) with respect to a person who has provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver's license or similar government-issued identification. 728 (H.B. 2, eff. 3, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (f) A police officer may serve in each county in which the municipality is located all process issued by a municipal court. Added by Acts 2015, 84th Leg., R.S., Ch. (a), (b) amended by Acts 1999, 76th Leg., ch. September 1, 2009. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. Acts 1965, 59th Leg., vol. 4.01, eff. September 1, 2005. (a) The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later than the 10th day after the date the request is received, and in the form prescribed by the Attorney General, information in court records that relates to a criminal matter, including information requested by the Attorney General for purposes of federal habeas review. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a special ranger. Art. 1341 (S.B. Former policeman Leander H. McNelly and at least thirty-six other State Police members became Texas Rangers. (c) It is the duty of every officer to take possession of a child under Article 63.009(g). 2.134. (e) If a provision of this code requires the governor's signature on a document before that document has legal effect, the authorized signature of the authenticating officer or an authorized facsimile signature of the governor gives the document the same legal effect as if it had been signed manually by the governor. 1, eff. Amended by Acts 1981, 67th Leg., p. 801, ch. (a) In this article: (1) "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction. Art. (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. Section 3056(a) or investigating a threat against a person described by 18 U.S.C. 2212), Sec. 3607), Sec. A new pro-gun law in Texas that went into effect Wednesday allows most Texans who legally own a firearm to carry it openly in public without obtaining a permit or training, a measure that experts . 1233), Sec. Sept. 1, 2001; Subsec. 2212), Sec. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. A judge shall report to the United States Immigration and Naturalization Service a person who has been convicted in the judge's court of a crime or has been placed on deferred adjudication for a felony and is an illegal criminal alien as defined by Section 493.015(a), Government Code. Acts 2017, 85th Leg., R.S., Ch. June 17, 2011. (2) "Law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers. 2, eff. Although in older studies the State Police have been described as . (d) Not later than the fifth day after the date of receipt of a report submitted under Subsection (c), the office of the attorney general shall post a copy of the report on the office's Internet website. 197, Sec. 1233), Sec. Acts 2019, 86th Leg., R.S., Ch. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. 722. Acts 2011, 82nd Leg., R.S., Ch. Art. 2.06. Art. Added by Acts 2017, 85th Leg., R.S., Ch. Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. WHEN COMPLAINT IS MADE. 93 (S.B. 1, eff. Family members of victims killed in the Uvalde school shooting confronted Texas' police chief Tuesday in an emotional end to a day of protests at the state Capitol over gun laws . 2702), Sec. Art. Art. Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 2210), Sec. June 17, 2011. 950 (S.B. 2.33. Redesignated by Acts 2019, 86th Leg., R.S., Ch. 2.137. 1. ASSISTANCE OF TEXAS RANGERS. 24.001(3), eff. September 1, 2017. 926 (S.B. SHALL DRAW COMPLAINTS. 1, eff. 4.001, eff. 3863), Sec. Your rights during a traffic stop include the following: 1. 597, Sec. 1.02, eff. 246, Sec. 3815), Sec. May 26, 1997; Subsec. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1985; Acts 1986, 69th Leg., 2nd C.S., ch. 6:21 PM on Mar 1, 2023 CST Updated at 6:24 PM on Mar 1, 2023 CST. Art. 1164 (H.B. 37, eff. Section 1315 for duty in connection with the protection of property owned or occupied by the federal government and persons on the property is not a peace officer but has the powers of arrest and search and seizure as to any offense under the laws of this state. So, for example, lawsuits over amounts of less than $15,000 might be limited to a lower trial court, while claims above that amount will go to another. On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and, (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and. Uriel Paul Utz Maryland Troopers Association 05/10/2018 by Richard Norman; Retirement . Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION OFFENSES. (e) An eligible exhibit may be disposed of as provided by this article: (1) on or after the first anniversary of the date on which a conviction becomes final in the case, if the case is a misdemeanor or a felony for which the sentence imposed by the court is five years or less; (2) on or after the second anniversary of the date on which a conviction becomes final in the case, if the case is a non-capital felony for which the sentence imposed by the court is greater than five years; (3) on or after the first anniversary of the date of the acquittal of a defendant; or. September 1, 2011. LIABILITY. 580, Sec. 57, eff. (c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding. June 18, 1999; Subsec. May 24, 1977; Acts 1977, 65th Leg., p. 1082, ch. 979 (S.B. Added by Acts 2015, 84th Leg., R.S., Ch. 2.121 and amended by Acts 1987, 70th Leg., ch. 6.01, eff. (12) Section 43.25, Penal Code (sexual performance by a child). 1172 (H.B. Aug. 28, 1967. 1, eff. (f) added by Acts 2003, 78th Leg., ch. 25, eff. 2.18. 4 (S.B. (d) Any officer assigned to duty and commissioned under this article shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law. Art. 1576), Sec. Sept. 1, 1999. 1, see other Art. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). The officer must have a reasonable suspicion that the driver has committed a crime. (d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner: "__________, Authenticating Officer for Governor __________.". September 1, 2011. 950 (S.B. Aug. 28, 1967; Acts 1971, 62nd Leg., p. 1116, ch. 1849), Sec. (e) Any person commissioned under this article must: (1) meet the minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health; and. In Texas, the Local Government Code outlines a municipality's authority to enact ordinances within its jurisdiction. Art. 1, eff. 516 (H.B. The agency or office must provide the record not later than the 10th day after the date the request is received and in the form prescribed by the Attorney General. 853, Sec. (c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18. 1344 (S.B. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. June 14, 1989; Acts 1989, 71st Leg., ch. On the first day of each month, the sheriff shall give notice, in writing, to the district or county attorney, where there be one, as to all prisoners in his custody, naming them, and of the authority under which he detains them. 4, eff. Don't run, resist, or obstruct the officers. Acts 2011, 82nd Leg., R.S., Ch. (d) In this article, "eligible exhibit" means an exhibit filed with the clerk that: (2) has not been ordered by the court to be returned to its owner; and. 882, Sec. 621, Sec. 2.24. 686), Sec. Art. 1228), Sec. 946 (H.B. Blue = Legislation regarding public accessibility to body-worn camera footage has been proposed, but not passed. September 1, 2015. (b) At any time during or after a criminal proceeding, the court reporter shall release for safekeeping any firearm or contraband received as an exhibit in that proceeding to: (2) in a county with a population of 500,000 or more, the law enforcement agency that collected, seized, or took possession of the firearm or contraband or produced the firearm or contraband at the proceeding. 8), Sec. The term does not include a courthouse. Statutes of limitation. 1, eff. 2, eff. 386, Sec. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. (c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer. Art. Art. Aug. 31, 1987; Subsecs. September 1, 2009. Art. 604), Sec. 2.136. (4) a procedure in which a specimen of the person's breath or blood is taken. Added by Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (e) A person may not serve as an adjunct police officer for a municipality or county unless: (1) the institution of higher education submits the person's application for appointment and certification as an adjunct police officer to the chief of police of the municipality or, if outside a municipality, the sheriff of the county that has jurisdiction over the geographical area of the institution; (2) the chief of police of the municipality or sheriff of the county to whom the application was made issues the person a certificate of authority to act as an adjunct police officer; and. In this subsection, "National Forest System" has the meaning assigned by 16 U.S.C. On request of a county or district attorney, the attorney general shall assist in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed. 908 (H.B. Amended by Acts 1967, 60th Leg., p. 1733, ch. Pursuant to Article 2.1305 of the Texas Code of Criminal Procedure, an establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorize to carry, regardless of whether the peace officer or special investigator is engaged . He shall apprehend and commit to jail all offenders, until an examination or trial can be had. Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 341), Sec. (D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code; (18) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code; (19) investigators employed by the Texas Racing Commission; (20) officers commissioned under Chapter 554, Occupations Code; (21) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code; (22) investigators commissioned by the attorney general under Section 402.009, Government Code; (23) security officers and investigators commissioned as peace officers under Chapter 466, Government Code; (24) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code; (25) officers commissioned by the state fire marshal under Chapter 417, Government Code; (26) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code; (27) apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code; (28) officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code; (29) investigators commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code; (30) commission investigators commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code; (31) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; (32) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; (33) investigators commissioned by the Texas Juvenile Justice Department as officers under Section 221.011, Human Resources Code; and. 4, Sec. 606 (S.B. (g) The Texas and Southwestern Cattle Raisers Association is liable for any act or omission by a person serving as a special ranger for the association that is within the person's scope of employment. The law freezes property tax revenues for cities with a population over 250,000 that defund the police. Slow down and move the vehicle safely to the right of the road. 1009), Sec. REPORT OF WARRANT OR CAPIAS INFORMATION. 2130), Sec. 7 (S.B. Authority figures including police officers, judges, security guards, mayors, city council members, and members of Congress must abide by the color of law. 333 (H.B. (a) This article applies only to: (1) a municipal police department, sheriff's department, constable's office, county attorney's office, district attorney's office, and criminal district attorney's office, as applicable, in a county with a population of more than 50,000; and. 1, eff. Amended by Acts 1979, 66th Leg., p. 212, ch. 2, eff. Those who break it are charged with a . 1223 (S.B. 1, eff. (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. 2. 20, eff. 2.01, eff. (1) the powers, rights, duties, and jurisdiction granted to or imposed on a peace officer by the Code of Criminal Procedure; and (2) other powers and duties prescribed by the governing body. (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and. 2.14. September 28, 2011. (C) is not required to apprehend the person suspected of committing an offense. Acts 2017, 85th Leg., R.S., Ch. A police officer, sometimes called a peace officer in Texas, is a government employee who protects the lives and properties of citizens, maintains order and helps prevent crimes by enforcing laws. Aug. 26, 1985; Acts 1985, 69th Leg., ch. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. June 19, 2009. Art. Acts 2011, 82nd Leg., R.S., Ch. (e) In consultation with the entities described by Subsection (a), the attorney general shall adopt rules to administer this article, including rules prescribing: (1) the form and manner of submission of a report required by Subsection (b) or (c); and. Acts 2013, 83rd Leg., R.S., Ch. A peace officer may not engage in racial profiling. There are different types of municipalities ( e.g., home rule, general law), and they each have specific procedures for enacting ordinances. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. Texas is a community property state, so whatever is deemed marital property is split between the two spouses upon divorce. 291, Sec. The jurisdiction of a peace officer, a school resource officer, or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of May 18, 2013. (c) If the peace officer determines that the circumstances described by Section 262.104, Family Code, exist, the officer may take temporary possession of the child without a court order as provided by Section 262.104, Family Code. 2.123. 3201), Sec. Aug. 31, 1987. September 1, 2015. (d) The attorney general may enter into a contract with a university that provides for the university's assistance in the collection and analysis of information received under this article. 904 (H.B. 1758), Sec. May 14, 2019. 2.19. 867, Sec. (j) If a request is timely received, the clerk shall deliver the eligible exhibit to the person making the request if the court determines the requestor is the owner of the eligible exhibit. 2.05. 1, eff. (B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported. 1758), Sec. (6) perform all other duties imposed on the clerk by law. 2.06, eff. (b) Before a law enforcement officer may release a child to a person authorized by law to take possession of the child other than a governmental entity, the officer shall: (1) verify with the National Crime Information Center that the child is not a missing child; (2) search the relevant databases of the National Crime Information Center system, including those pertaining to protection orders, historical protection orders, warrants, sex offender registries, and persons on supervised release to: (A) verify that the person to whom the child is being released: (i) does not have a protective order issued against the person; and, (ii) is not registered as a sex offender unless the person is the child's parent or guardian and there are no restrictions regarding the person's contact with the child; and.