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(a) In this article: (A) a firearm or any object manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. 85 (S.B. September 1, 2011. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. The Crime Records Division (CRD) acts as the Texas State Control Terminal for eight state and national criminal justice programs and is responsible for the administration of these programs, providing critical operational data to law enforcement and criminal justice agencies in Texas and nationwide. 446, Sec. 882, Sec. 7 (S.B. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. 2, eff. Acts 2009, 81st Leg., R.S., Ch. (b-1) An electronically transmitted document is a written document for all purposes and exempt from any additional writing requirement under this code or any other law of this state. Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. (f) For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article. 384, Sec. (4) the statutory authority under which the attachment was issued. September 1, 2021. In Texas, the Local Government Code outlines a municipality's authority to enact ordinances within its jurisdiction. 1.05(d), eff. May 23, 1973. (2) only act as necessary to prevent or abate the commission of an offense that threatens serious bodily injury or death of students, faculty, or visitors on school premises. Added by Acts 2021, 87th Leg., R.S., Ch. 2.33. (e) A civil penalty collected under this article shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. To stay up to date with the rapidly changing laws, visit Legislative Responses for Policing-State . 339, Sec. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA TRIBE OF TEXAS AND THE KICKAPOO TRADITIONAL TRIBE OF TEXAS. The Texas Police Chiefs Association has sample policies available for use by police department . Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Texting and cell phone conversations are dangerous distractions from the road. Case law is derived from past decisions made by the courts. Art. Amended by Acts 1981, 67th Leg., p. 801, ch. (4) the person has met all standards for certification as a peace officer by the Texas Commission on Law Enforcement. 1, eff. 5.05, eff. Blue = Legislation regarding public accessibility to body-worn camera footage has been proposed, but not passed. It also allows the State of Texas to withhold . Acts 2005, 79th Leg., Ch. Notwithstanding Article 2.27, on receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code. 722. Art. A person stopped or arrested on suspicion of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is entitled to receive from a law enforcement agency employing the peace officer who made the stop or arrest a copy of any video made by or at the direction of the officer that contains footage of: (3) the conduct of the person stopped during any interaction with the officer, including during the administration of a field sobriety test; or. 974, Sec. September 1, 2017. 4173), Sec. 21.001(2), eff. (a) A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information: (3) the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and. 578 (S.B. 2.20. 1, eff. September 1, 2017. 8), Sec. 2.06, eff. What Procedures Must the Police Follow While Making an Arrest Talk to an Attorney About Police Misconduct Laws in Texas If you were a victim of police brutality, falsely arrested, or harmed by other misconduct, you may be able to file suit and obtain compensation for your injuries. 442, Sec. (d) A railroad peace officer is not entitled to state benefits normally provided by the state to a peace officer. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 111), Sec. (2) inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense. Art. (c) added by Acts 1997, 75th Leg., ch. You can talk on your non-handsfree phone while driving in Texas, but that doesn't mean you can't be cited for distracted driving if you're texting and driving. 3389), Sec. 686 (H.B. Acts 2017, 85th Leg., R.S., Ch. 2, eff. . 604), Sec. DUTIES OF COUNTY ATTORNEYS. 947, Sec. SPECIAL DUTY OF DISTRICT OR COUNTY ATTORNEY RELATING TO CHILD SUPPORT. Section 9, of the Texas Constitution. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Sept. 1, 1999. Debated, passed and signed during the 87th Texas Legislature, these laws include changes to public safety,. Added by Acts 2015, 84th Leg., R.S., Ch. 2, eff. 659, Sec. Delinquent Conduct - defined by the Juvenile Justice Code as conduct, other than a traffic offense, which violates a penal law of the state of Texas and is punishable by imprisonment or by confinement in jail; or a violation of a reasonable and lawful order which was entered by a juvenile court. 1423, Sec. 950 (S.B. 24, eff. 808 (H.B. 4, eff. (a) The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and employees. 459, Sec. Art. Subsec. 4, eff. (a) In this section, "digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature. 1849), Sec. 1, eff. (e) A person may not serve as a railroad peace officer for a railroad company unless: (1) the Texas Railroad Association submits the person's application for appointment and certification as a railroad peace officer to the director of the Department of Public Safety and to the executive director of the Texas Commission on Law Enforcement; (2) the director of the department issues the person a certificate of authority to act as a railroad peace officer; and, (3) the executive director of the commission determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health and issues the person a license as a railroad peace officer; and. Art. 4.02, eff. (b) Each law enforcement agency that uses or intends to use a drone for law enforcement purposes shall: (1) adopt a written policy regarding the agency's use of force by means of a drone, before the agency first uses a drone, and update the policy as necessary; and. 580 (S.B. September 1, 2019. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. February 28, 2023, 5:24 PM AUSTIN, Texas -- 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. 1, eff. Added by Acts 1985, 69th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. DPS Surcharges; DWI Blood Testing; 1, eff. 69), Sec. DUTIES OF ATTORNEY GENERAL. (b) An officer or agent designated by the Secretary of Homeland Security under 40 U.S.C. 80,000 peace officers in Texas. Acts 2011, 82nd Leg., R.S., Ch. May 16, 1995. Art. (3) "Race or ethnicity" means the following categories: (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. (d) A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer. 6, eff. 2.024. 2. (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. Acts 2017, 85th Leg., R.S., Ch. (3) is not a school whose students meet the definition provided by Section 29.916(a)(1), Education Code. 908 (H.B. That means a state is free to permit out-of-state or federal officers to arrest within the state and define the circumstances of that permission. The following are peace officers: (1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (4) rangers, officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety; (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; (6) law enforcement agents of the Texas Alcoholic Beverage Commission; (7) each member of an arson investigating unit commissioned by a city, a county, or the state; (8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code; (9) officers commissioned by the General Services Commission; (10) law enforcement officers commissioned by the Parks and Wildlife Commission; (11) officers commissioned under Chapter 23, Transportation Code; (12) municipal park and recreational patrolmen and security officers; (13) security officers and investigators commissioned as peace officers by the comptroller; (14) officers commissioned by a water control and improvement district under Section 49.216, Water Code; (15) officers commissioned by a board of trustees under Chapter 54, Transportation Code; (16) investigators commissioned by the Texas Medical Board; (A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code; (B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code; (C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; and. September 1, 2019. Art. (f) A peace officer commissioned under this article is not entitled to state benefits normally provided by the state to a peace officer. Acts 2019, 86th Leg., R.S., Ch. Art. September 1, 2017. Acts 2013, 83rd Leg., R.S., Ch. EXAMINING COURT. Have you or someone you know been charged with harassment. 580, Sec. (b) On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim. 1, eff. 4, eff. (a) The director of the Department of Public Safety may appoint up to 50 special rangers who are employed by the Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property. Texas Republicans are laying the groundwork to move quickly on a number of new changes to the state's voting laws, including a proposal to create an election police force like the one. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Redesignated by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 156, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 294 (S.B. 1, eff. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. 2, p. 317, ch. (b) A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Politics Texas police officers would have to carry liability insurance under proposed law. Art. 209 (H.B. 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. (B) obtain any other information the Department of Family and Protective Services considers: (i) relevant to protect the welfare of the child; or. (f) Subject to Subsections (g), (h), (i), and (j), a clerk may dispose of an eligible exhibit or may deliver the eligible exhibit to the county purchasing agent for disposal as surplus or salvage property under Section 263.152, Local Government Code, if on the date provided by Subsection (e) the clerk has not received a request for the exhibit from either the attorney representing the state in the case or the attorney representing the defendant. (B) the name and address of the person to whom the child is being released. (a) A peace officer to whom an alleged violation of Section 31.17, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information: (3) the type of financial sight order or payment card information obtained or transferred in violation of Section 31.17, Penal Code; and. (e) A Special Agent or Law Enforcement Officer of the United States Forest Service is not a peace officer under the laws of this state, except that the agent or officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the National Forest System. CIVIL PENALTY. 4, eff. 967, Sec. Lawyers for the clinics argue that a six-week abortion ban is clearly unconstitutional, and that the Texas law is designed to insulate the state from a challenge. (2) the officer is injured and physically unable to make the request or provide the treatment. Acts 2011, 82nd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 154, Sec. May 17, 1971; Acts 1973, 63rd Leg., p. 9, ch. AUSTIN, Texas -. 2, eff. June 17, 2005. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 197, Sec. HHS agencies and divisions must protect client confidential information and respond appropriately to suspected or actual breaches. Acts 2013, 83rd Leg., R.S., Ch. 2.133. Your rights during a traffic stop include the following: 1. 2.022. The Texas police officer has jurisdiction in all but one circumstance below. Acts 2013, 83rd Leg., R.S., Ch. ATTORNEY PRO TEM. May 24, 1999; added by Acts 1999, 76th Leg., ch. What to do if you are arrested or detained Say you wish to remain silent and ask for a lawyer immediately. Statutes of limitation. Art. 686), Sec. 22 There is a statutory stipulation that the. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. (f) On a request made by that office, a peace officer shall execute an emergency detention order issued by the Texas Civil Commitment Office under Section 841.0837, Health and Safety Code. 646), Sec. Added by Acts 1985, 69th Leg., ch. September 1, 2007. Added by Acts 1999, 76th Leg., ch. Added by Acts 2017, 85th Leg., R.S., Ch. 4.07, eff. (2) continues until the time the interrogation ceases. Acts 2011, 82nd Leg., R.S., Ch. If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training program provided by the sheriff, the jailer may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including: (1) a warrant under Chapter 15, 17, or 18; (3) a subpoena under Chapter 20A or 24; or. 2, eff. 98, eff. 1, see other Art. 1, see other Art. 2, p. 317, ch. 6, Sec. Art. September 1, 2021. 2.10. May 30, 1995; Acts 1995, 74th Leg., ch. (b) A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review. 1237, Sec. Art. 99, eff. Call his office today at 832-752-5972. 530), Sec. 5.04, eff. June 19, 2009. CUSTODY OF PRISONERS. (C) whether the agency was able to notify the person whose identifying information was misused. ADJUNCT POLICE OFFICERS. 4173), Sec. (c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer. Added by Acts 2003, 78th Leg., ch. (b) On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution under Section 242.126(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 242.135, Health and Safety Code. Police need probable cause to pull you over in Texas. (b) Unless good cause exists that makes electronic recording infeasible, a law enforcement agency shall make a complete and contemporaneous electronic recording of any custodial interrogation that occurs in a place of detention and is of a person suspected of committing or charged with the commission of an offense under: (2) Section 19.03, Penal Code (capital murder); (3) Section 20.03, Penal Code (kidnapping); (4) Section 20.04, Penal Code (aggravated kidnapping); (5) Section 20A.02, Penal Code (trafficking of persons); (6) Section 20A.03, Penal Code (continuous trafficking of persons); (7) Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual); (8) Section 21.11, Penal Code (indecency with a child); (9) Section 21.12, Penal Code (improper relationship between educator and student); (10) Section 22.011, Penal Code (sexual assault); (11) Section 22.021, Penal Code (aggravated sexual assault); or. 1758), Sec. Immigration Texas Government Code, Chapter 752, Subchapter C Known as Senate Bill 4, this law prohibits certain local government officials and certain higher education campus police departments from adopting or enforcing certain policies regarding immigration laws. Subsec. 2. 2, eff. Sept. 1, 1985. (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. 2, see other Art. These are your city police officers and are directed by your local governments. Texas Workers' Compensation Act in PDF format. September 1, 2009. 2.273. Art. Acts 2019, 86th Leg., R.S., Ch. Uriel Paul Utz Maryland Troopers Association 05/10/2018 by Richard Norman; Retirement . Municipal police are the law enforcement agency we see the most. A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person. 580 (S.B. (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 (ii) reflective of the responsibility of the person to whom the child is being released; (3) call the Department of Family and Protective Services Texas Abuse Hotline to determine whether the person to whom the child is being released is listed in the registry as a person who abused or neglected a child; (4) verify that the person to whom the child is being released is at least 18 years of age; and. 979 (S.B. September 1, 2019. 1, eff. 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. (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. (b) To appoint an authenticating officer under this article, the governor shall file with the secretary of state a document that contains: (1) the name of the person to be appointed as authenticating officer and a copy of the person's signature; (2) the types of documents the authenticating officer is authorized to sign for the governor; and. 107, Sec. TRACKING USE OF CERTAIN TESTIMONY. The attorney general may offer to a county or district attorney the assistance of the attorney general's office 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. June 19, 1993; Subsec. 979 (S.B. Today, Texas is regarded as having some of the most permissive gun laws in the United States. (a) The governor may appoint an authenticating officer, in accordance with Subsection (b) of this article, and delegate to that officer the power to sign for the governor or to use the governor's facsimile signature for signing any document that does not have legal effect under this code unless it is signed by the governor. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. September 1, 2019. Added by Acts 2017, 85th Leg., R.S., Ch. 260, Sec. 245), Sec. Art. 2.04, eff. Marital property. September 1, 2017. 1, eff. 27, eff. Acts 2019, 86th Leg., R.S., Ch. 21.001(1), eff. 375), Sec. 1488), Sec. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY. Texas has Constitutional Carry which allows any citizen who is not barred from owning firearms to carry a handgun (concealed or open carried in a hip or chest holster) without a license, insurance, or any required training. Art. 474, Sec. 2.16. 1, eff. Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. Velma Duran, whose sister Irma Garcia was one of two teachers killed at Robb Elementary School last May, scolded . (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. 1223 (S.B. Possession of a valid Class C driver's license issued by the State of Texas or equivalent from another state in which the recruit permanently resides. 2.1387. (2) any benefits offered or provided to a person in exchange for testimony described by Subdivision (1). (d) For purposes of Subsection (b), good cause that makes electronic recording infeasible includes the following: (1) the person being interrogated refused to respond or cooperate in a custodial interrogation at which an electronic recording was being made, provided that: (A) a contemporaneous recording of the refusal was made; or. (B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported. (h) A railroad peace officer who is a member of a railroad craft may not perform the duties of a member of any other railroad craft during a strike or labor dispute. 1, eff. 1, eff. 2.33. 1, eff. (b-1) added by Acts 1987, 70th Leg., ch. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE. MAY ADMINISTER OATHS. (4) any other person authorized by law to take possession of the child. (b-1) An attorney for the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified.