Bill Text: TX HB902 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the powers and duties of peace officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-11-12 - Filed [HB902 Detail]

Download: Texas-2025-HB902-Introduced.html
  89R1394 AJZ-D
 
  By: Thompson H.B. No. 902
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of peace officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2A.051, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2A.051.  GENERAL POWERS AND DUTIES OF PEACE
  OFFICERS.  Each peace officer [shall]:
               (1)  shall preserve the peace within the officer's
  jurisdiction using all lawful means;
               (2)  may, if authorized [in every case authorized by
  this code], interfere without a warrant to prevent or suppress
  crime;
               (3)  shall execute all lawful process issued to the
  officer by a magistrate or court;
               (4)  shall give notice to an appropriate magistrate of
  all offenses committed in the officer's jurisdiction, if [where]
  the officer has probable cause [good reason] to believe there has
  been a violation of the penal law;
               (5)  may, if [when] authorized [by law], arrest an
  offender without a warrant so the offender may be taken before the
  proper magistrate or court and be tried;
               (6)  shall take possession of a child under Article
  63.00905(g) [63.009(g)]; [and]
               (7)  shall, on a request made by the Texas Civil
  Commitment Office, execute an emergency detention order issued by
  that office under Section 841.0837, Health and Safety Code;
               (8)  shall make an identification as a peace officer
  before taking any action within the course and scope of the
  officer's official duties unless the identification would render
  the action impracticable; and
               (9)  shall intervene to prevent an action by another
  peace officer if:
                     (A)  the action includes the use of force in an
  amount that exceeds that which is reasonable under the
  circumstances; 
                     (B)  the intervening officer knows or should know
  that the other officer's action violates department policy or
  local, state, or federal law; or
                     (C)  the action puts a person at risk of bodily
  injury, as that term is defined by Section 1.07, Penal Code, and is
  not: 
                           (i)  immediately necessary to avoid imminent
  bodily injury to a peace officer or other person; or
                           (ii)  required to apprehend a person
  suspected of committing an offense.
         SECTION 2.  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.  This Act takes effect September 1, 2025.
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