(4) the person has met all standards for certification as a peace officer by the Texas Commission on Law Enforcement. June 16, 1989; Acts 1991, 72nd Leg., ch. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (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. 10, eff. DPS Surcharges; DWI Blood Testing; (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. 1, 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. Don't give any explanations or excuses. May 2, 2013. Art. Added by Acts 2009, 81st Leg., R.S., Ch. If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. Blue = Legislation regarding public accessibility to body-worn camera footage has been proposed, but not passed. September 1, 2011. January 1, 2021. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. 2.19. (g) A clerk in a county with a population of less than two million must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant before disposing of an eligible exhibit. Debated, passed and signed during the 87th Texas Legislature, these laws include changes to public safety,. Acts 2019, 86th Leg., R.S., Ch. (b) Not later than the 10th day after the date that a defendant described by Subsection (a) is indicted for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), the attorney representing the state shall notify an officer designated by the Texas Department of Criminal Justice of the offense charged in the indictment. 1, eff. HATE CRIME REPORTING. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. 2, p. 317, ch. 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. Added by Acts 2003, 78th Leg., ch. (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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 221 (H.B. 1228), Sec. 86th Legislature, 2019. 1215), Sec. Amended by Acts 1981, 67th Leg., p. 801, ch. May 19, 1995. This includes police officers, EMS, firefighters, and others. The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all criminal cases under examination or prosecution in said county; and in the absence of the district attorney he shall represent the State alone and, when requested, shall aid the district attorney in the prosecution of any case in behalf of the State in the district court. (a) In a criminal proceeding, a clerk of the district or county court shall: (2) receive all exhibits at the conclusion of the proceeding; (4) accept and file electronic documents received from the defendant, if the clerk accepts electronic documents from an attorney representing the state; (5) accept and file digital multimedia evidence received from the defendant, if the clerk accepts digital multimedia evidence from an attorney representing the state; and. DUTIES OF COUNTY ATTORNEYS. 611), Sec. Art. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. 686), Sec. 2.1395. (B) obtain any other information the Department of Family and Protective Services considers: (i) relevant to protect the welfare of the child; or. (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. Texas Veterans Portal; Texas State Library & Archives; Public Safety Commission; texas.gov; The 1836 . (b) The peace officer may temporarily detain the child or other person to ensure the safety and well-being of the child. 2.02, eff. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. 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 Reenacted and amended by Acts 2005, 79th Leg., Ch. September 1, 2015. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. 2, eff. 741 (S.B. 669, Sec. 2.13. Davidson embezzled $37,000 and disappeared, though his crime cannot be blamed on the police. (2) "Sports venue" means an arena, coliseum, stadium, or other type of area or facility that is primarily used or is planned for primary use for one or more professional or amateur sports or athletics events and for which a fee is charged or is planned to be charged for admission to the sports or athletics events, other than occasional civic, charitable, or promotional events. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. 1104, Sec. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (b) A judge of a court in which a district or county attorney represents the State shall declare the district or county attorney disqualified for purposes of Article 2.07 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute. September 1, 2017. Art. 808 (H.B. Today, Texas is regarded as having some of the most permissive gun laws in the United States. Texas Constitution and Statutes (outside source) Searchable index of all state codes and the Texas Constitution. (2) continues until the time the interrogation ceases. 402 (S.B. 8, eff. 2.021. 341), Sec. 1144 (S.B. 530), Sec. June 14, 2013. Added by Acts 2011, 82nd Leg., R.S., Ch. (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, see other Art. DUTY OF CLERKS. (4) any other person authorized by law to take possession of the child. (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. Termination of employment with the association, or the revocation of a special ranger license, shall constitute an automatic revocation of a certificate of authority to act as a special ranger. The primary jurisdiction of a University Police Officer includes all counties in which the University owns, leases, rents, or otherwise maintains control of property. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Acts 2011, 82nd Leg., R.S., Ch. 104), Sec. 93 (S.B. Art. Not later than the 30th day after the date a writ of attachment is issued in a district court, statutory county court, or county court, the clerk of the court shall report to the Texas Judicial Council: (2) whether the attachment was issued in connection with a grand jury investigation, criminal trial, or other criminal proceeding; (3) the names of the person requesting and the judge issuing the attachment; and. (2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. 1, eff. 2, eff. 341), Sec. 1576), Sec. 950 (S.B. LIABILITY. (c) A peace officer serving as an adjunct police officer may make arrests and exercise all authority given peace officers under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 2.273. 686 (H.B. (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. (c) An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation. Art. Aug. 26, 1985; Acts 1985, 69th Leg., ch. DALLAS - Governor Greg Abbott signed a handful of bills into law on Monday, including a measure that will bring reform to police practices in Texas. 4, eff. (B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported. When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office. (a) Within counties under 200,000 population, the chief of police of a municipality or the sheriff of the county, if the institution is outside the corporate limits of a municipality, that has jurisdiction over the geographical area of a private institution of higher education, provided the governing board of such institution consents, may appoint up to 50 peace officers who are commissioned under Section 51.212, Education Code, and who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county. 287, Sec. 1, eff. 1237, Sec. The attorney general may sue to collect a civil penalty under this subsection. 312 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. 2.126. (c) A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. (b) An attorney representing the state shall track: (1) the use of testimony of a person to whom a defendant made a statement against the defendant's interest while the person was imprisoned or confined in the same correctional facility as the defendant, if known by the attorney representing the state, regardless of whether the testimony is presented at trial; and. Art. June 20, 2003; Acts 2003, 78th Leg., ch. Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. POWER OF DEPUTY CLERKS. (h) The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article. (f) For good cause, the chief of police or sheriff may revoke a certificate of authority issued under this article. AUSTIN, Texas -. 1048), Sec. 1, eff. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 341), Sec. 1, eff. The form must include spaces to report only the following information: (3) the age, gender, and race or ethnicity of each injured or deceased peace officer involved in the incident; (4) if known, the age, gender, and race or ethnicity of each person who discharged a firearm and caused injury or death to a peace officer involved in the incident; and. September 1, 2017. Safety belts, for example, save thousands of lives a year. The amount of a civil penalty under this subsection is $10,000 for the first day and $1,000 for each additional day that the agency fails to submit the report. 604), Sec. (c) Beginning on the day after the date of receiving notice under Subsection (a), a law enforcement agency that, in the five-year period preceding the date the agency received the notice, has been liable for a civil penalty under Subsection (b) or this subsection is liable for a civil penalty for each day the agency fails to submit the required report. 1341 (S.B. Aug. 27, 1973; Acts 1973, 63rd Leg., p. 1259, ch. 584 (H.B. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. September 1, 2021. It is based on an analysis of statutes and court opinions as well as interviews with experts. University of Houston-Clear Lake Police Officers are fully empowered state peace officers commissioned under the authority of the State of Texas Education Code Section 51.203. 808 (H.B. (a) This article applies only to the following offenses: (1) assault under Section 22.01, Penal Code; (2) aggravated assault under Section 22.02, Penal Code; (3) sexual assault under Section 22.011, Penal Code; (4) aggravated sexual assault under Section 22.021, Penal Code; and. Added by Acts 2017, 85th Leg., R.S., Ch. The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable. (b) A peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a). (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. A peace officer may not engage in racial profiling. (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. Art. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. A traffic stop for a minor misdemeanor made outside a police officer's statutory jurisdiction or authority violates the guarantee against unreasonable searches and seizures. 2, eff. Sept. 1, 2003. Texas police chief put on leave after raid on random family's house Doug Balli, police chief in Galveston, Texas, is on 10-day leave in an attempt to mollify critics and victims of a bizarre raid . United States Capitol Police Texas 3.6. . (B) the name and address of the person to whom the child is being released. 3452), Sec. (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. Acts 2017, 85th Leg., R.S., Ch. Art. (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. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Art. Understanding the Law Can You Take Video or Pictures of Police Officers in Texas? September 1, 2017. 580, Sec. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Texas State Police More. 37, eff. 4 (S.B. September 1, 2019. Gonzales is facing a rare potential censure back home over votes that included supporting new gun safety laws after the Uvalde school shooting that was in his district. Acts 2011, 82nd Leg., R.S., Ch. (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. Former policeman Leander H. McNelly and at least thirty-six other State Police members became Texas Rangers. (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. (2) is assisting another law enforcement agency. September 1, 2017. September 1, 2015. (c) amended by Acts 2003, 78th Leg., ch. These are your city police officers and are directed by your local governments. Added by Acts 2005, 79th Leg., Ch. In this subsection, "national park or national recreation area" means a national park or national recreation area included in the National Park System as defined by 16 U.S.C. 912, Sec. 2.13951. 722. 1849), Sec. September 1, 2021. 2.195. Art. 1, eff. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 1774), Sec. 1, eff. ASSISTANCE OF TEXAS RANGERS. Those who break it are charged with a . 1, eff. 2.20. (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. 93 (S.B. 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. Art. 386), Sec. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense. REPORTS REQUIRED FOR CERTAIN INJURIES OR DEATHS OF PEACE OFFICERS. (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (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. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. 1, eff. 2, eff. 1849), Sec. June 18, 1999; Acts 1999, 76th Leg., ch. Art. Section 9, of the Texas Constitution. (B) any object that in the manner of its use or intended use is capable of causing death or serious bodily injury. (d) A person may not serve as a school marshal unless the person is: (1) licensed under Section 1701.260, Occupations Code; and. 729, Sec. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 974, Sec. June 12, 1985. (c) On request of a victim of an offense listed under Subsection (a), the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is: (1) contained in the written report prepared under Subsection (b); (2) described by Article 5.05(a)(1) or (2); and. 1728), Sec. (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 1, eff. Aug. 29, 1977. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. Added by Acts 2011, 82nd Leg., R.S., Ch. (c) The governor may revoke an appointment made under this article by filing with the secretary of state a document that expressly revokes the appointment of the authenticating agent. 1849), Sec. 2.1397. 1, eff. The findings of Griffenhagen and Associates were ultimately unpopular across the state, and the Texas Senate created a committee to conduct its own survey of the State's law enforcement. DUTIES OF DISTRICT ATTORNEYS. 1344 (S.B. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1, eff. 350, Sec. 927, Sec. 1, eff. (9) whether the incident occurred during or as a result of: (B) a hostage, barricade, or other emergency situation. 1, eff. 794, Sec. DUTY TO REQUEST AND RENDER AID. 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. May 29, 1999; Acts 1999, 76th Leg., ch. The Texas DPS Criminal Investigations Division (formerly the Criminal Law Enforcement Division) consists of 800 members, including 654 commissioned officers and 146 civilian support personnel. 2212), Sec. 1, eff. Art. September 1, 2009. 578 (S.B. 2.022. 3, eff. Texans may carry pistols openly or concealed, as long as they are not prohibited from possessing a firearm. Art. 3.01, eff. 197, Sec. Your rights during a traffic stop include the following: 1. 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. 2.025. 93 (S.B. (g) In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. 2.08. 40, Sec. 1378), Sec. (b) Within the boundaries of the tribe's reservation, a peace officer commissioned under this article: (1) is vested with all the powers, privileges, and immunities of peace officers; (2) may, in accordance with Chapter 14, arrest without a warrant any person who violates a law of the state; and. The Texas court system is made up of municipal courts, justice courts (justice of the peace), county courts, district courts, and courts of appeal. Art. Death Notification - Retired D/Sgt. 122), Sec. 2.31. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and, (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and. (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. June 19, 2009. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 531 (H.B. 6.001, eff. May 17, 1971; Acts 1973, 63rd Leg., p. 9, ch. The report must include all information described in Subsection (b). There are different types of municipalities ( e.g., home rule, general law), and they each have specific procedures for enacting ordinances. (B) the case number associated with the offense and the person suspected of committing the offense; (3) the date, time, and location of the alleged offense; (4) the type of human trafficking involved, including: (A) forced labor or services, as defined by Section 20A.01, Penal Code; (B) causing the victim by force, fraud, or coercion to engage in prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(3), Penal Code; or. Statutes of limitation. Art. 3.001, eff. 829 (S.B. 1, eff. The legislation becoming law improves training . If available, park on the right shoulder or, if unavailable, park on a nearby well-lighted side street (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.