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A BILL TO BE ENTITLED
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AN ACT
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relating to granting limited state law enforcement authority to |
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special agents of the Office of Inspector General of the United |
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States Department of Veterans Affairs and to updating certain |
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references related to the grant of that authority to other federal |
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law enforcement personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (c), Article 2.122, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) The following named criminal investigators of the |
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United States shall not be deemed peace officers, but shall have the |
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powers of arrest, search, and seizure under the laws of this state |
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as to felony offenses only [under the laws of the State of Texas]: |
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(1) Special Agents of the Federal Bureau of |
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Investigation; |
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(2) Special Agents of the Secret Service; |
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(3) Special Agents of the United States Immigration |
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and Customs Enforcement; |
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(4) Special Agents of the Bureau of Alcohol, Tobacco, |
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[and] Firearms and Explosives; |
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(5) Special Agents of the United States [Federal] Drug |
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Enforcement Administration [Agency]; |
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(6) Inspectors of the United States Postal Inspection |
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Service; |
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(7) Special Agents of the Criminal Investigation |
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Division [and Inspectors of the Internal Security Division] of the |
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Internal Revenue Service; |
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(8) Civilian Special Agents of the United States Naval |
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Criminal Investigative Service; |
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(9) Marshals and Deputy Marshals of the United States |
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Marshals Service; |
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(10) [Special Agents of the United States Citizenship
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and Immigration Services; and
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[(11)] Special Agents of the United States Department |
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of State, Bureau of Diplomatic Security; |
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(11) Special Agents of the Treasury Inspector General |
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for Tax Administration; and |
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(12) Special Agents of the Office of Inspector General |
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of the United States Department of Veterans Affairs. |
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(c) A Customs and Border Protection Officer or Border Patrol |
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Agent of the United States Customs and Border Protection or an [a
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Border Patrol agent,] immigration enforcement agent[,] or |
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deportation officer of the Department of Homeland Security is not a |
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peace officer under the laws of this state but, on the premises of a |
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port facility designated by the commissioner of the United States |
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Customs and Border Protection as a port of entry for arrival in the |
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United States by land transportation from the United Mexican States |
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into the State of Texas or at a permanent established border patrol |
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traffic check point, has the authority to detain a person pending |
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transfer without unnecessary delay to a peace officer if the agent |
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or officer has probable cause to believe that the person has engaged |
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in conduct that is a violation of Section 49.02, 49.04, 49.07, or |
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49.08, Penal Code, regardless of whether the violation may be |
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disposed of in a criminal proceeding or a juvenile justice |
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proceeding. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |