87R1940 AJZ-D
	By: Meza	H.B. No. 274

	A BILL TO BE ENTITLED
	AN ACT
	relating to a limitation on the authority to arrest a person for
	certain misdemeanors punishable by fine only.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 2, Code of Criminal Procedure, is
	amended by adding Article 2.1308 to read as follows:
	Art. 2.1308.  CITE AND RELEASE POLICY. (a) In this article,
	"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.
	(b)  Each law enforcement agency, in consultation with
	judges, prosecutors, commissioners courts, governing bodies of
	municipalities, and residents located within the agency's
	jurisdiction, shall adopt a written policy regarding the issuance
	of citations for misdemeanor offenses, including traffic offenses,
	that are punishable by fine only. The policy must provide a
	procedure for a peace officer, on a person's presentation of
	appropriate identification, to verify the person's identity and
	issue a citation to the person. The policy must:
	(1)  comply with Articles 14.01, 14.03, and 14.06 of
	this code and Sections 543.001 and 543.004, Transportation Code;
	and
	(2)  ensure judicial efficiency, law enforcement
	efficiency and effectiveness, and community safety.
	SECTION 2.  Article 14.01, Code of Criminal Procedure, is
	amended by adding Subsection (c) to read as follows:
	(c)  Notwithstanding Subsection (a) or (b), a peace officer
	or any other person may not, without a warrant, arrest an offender
	who commits only one or more offenses punishable by fine only, other
	than an offense under Section 22.01(a)(2) or (3) or 49.02, Penal
	Code, or Chapter 106, Alcoholic Beverage Code, unless the officer
	or person has probable cause to believe that:
	(1)  the failure to arrest the offender creates a clear
	and immediate danger to the offender or the public;
	(2)  the failure to arrest the offender will allow a
	continued breach of the public peace; or
	(3)  the offender will not appear in court in
	accordance with the citation.
	SECTION 3.  Article 14.03, Code of Criminal Procedure, is
	amended by adding Subsection (h) to read as follows:
	(h)  Notwithstanding Subsection (a), (d), or (g), a peace
	officer may not, without a warrant, arrest a person who commits only
	one or more offenses punishable by fine only, other than an offense
	under Section 22.01(a)(2) or (3) or 49.02, Penal Code, or Chapter
	106, Alcoholic Beverage Code, unless the officer has probable cause
	as described by Article 14.01(c).
	SECTION 4.  Article 14.06, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsection (b-1) to
	read as follows:
	(b)  A peace officer who is charging a person, including a
	child, with committing an offense that is a [Class C] misdemeanor
	punishable by fine only, other than an offense under Section
	22.01(a)(2) or (3) or 49.02, Penal Code, or Chapter 106, Alcoholic
	Beverage Code, shall [may], instead of taking the person before a
	magistrate, issue a citation to the person that contains:
	(1)  written notice of the time and place the person
	must appear before a magistrate;
	(2)  the name and address of the person charged;
	(3)  the offense charged;
	(4)  information regarding the alternatives to the full
	payment of any fine or costs assessed against the person, if the
	person is convicted of the offense and is unable to pay that amount;
	and
	(5)  the following admonishment, in boldfaced or
	underlined type or in capital letters:
	"If you are convicted of a misdemeanor offense involving
	violence where you are or were a spouse, intimate partner, parent,
	or guardian of the victim or are or were involved in another,
	similar relationship with the victim, it may be unlawful for you to
	possess or purchase a firearm, including a handgun or long gun, or
	ammunition, pursuant to federal law under 18 U.S.C. Section
	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
	questions whether these laws make it illegal for you to possess or
	purchase a firearm, you should consult an attorney."
	(b-1)  Notwithstanding Subsection (b), a peace officer who
	is charging a person, including a child, with committing an offense
	that is a misdemeanor punishable by fine only under Section
	22.01(a)(2) or (3), Penal Code, or Chapter 106, Alcoholic Beverage
	Code, may, instead of taking the person before a magistrate, issue
	to the person a citation that contains all of the information
	required for a citation issued under Subsection (b).
	SECTION 5.  Section 543.001, Transportation Code, is amended
	to read as follows:
	Sec. 543.001.  ARREST WITHOUT WARRANT AUTHORIZED. Any peace
	officer may arrest without warrant a person found committing a
	violation of this subtitle, except that the officer may not arrest a
	person found committing only one or more misdemeanors punishable by
	fine only unless the officer has probable cause as described by
	Article 14.01(c), Code of Criminal Procedure.
	SECTION 6.  Section 543.004(a), Transportation Code, is
	amended to read as follows:
	(a)  Unless the officer is authorized to arrest the person
	under Section 543.001, an [An] officer shall issue a written notice
	to appear if:
	(1)  the offense charged is a misdemeanor under this
	subtitle that is punishable by fine only[:
	[(A)  speeding;
	[(B)  the use of a wireless communication device
	under Section 545.4251; or
	[(C)  a violation of the open container law,
	Section 49.031, Penal Code]; and
	(2)  the person makes a written promise to appear in
	court as provided by Section 543.005.
	SECTION 7.  The changes in law made by this Act apply only to
	an offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is governed
	by the law in effect on the date the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this section, an offense was committed before the effective date of
	this Act if any element of the offense occurred before that date.
	SECTION 8.  Not later than January 1, 2022, each law
	enforcement agency in this state shall adopt the policy required by
	Article 2.1308(b), Code of Criminal Procedure, as added by this
	Act.
	SECTION 9.  This Act takes effect September 1, 2021.