Art. (c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18. 176 (S.B. 2.295. June 14, 2013. Art. 322, Sec. Acts 2009, 81st Leg., R.S., Ch. 2.28. (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. New Legislation . September 1, 2011. The report must include: (1) the total number of officer-involved injuries or deaths; (2) a summary of the reports submitted to the office under this article; and. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and. (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. (4) any other person authorized by law to take possession of the child. 977 (H.B. (a) An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon. 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. Art. COUNTY JAILERS. 1, eff. 2.18. 2.305. 2, eff. DALLAS - Chicago Police Superintendent David Brown will resign his position on March 16 and return to Texas to work at a personal injury law firm. 1, eff. 722. 339, Sec. 2.23. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES OR DEATHS. September 1, 2017. 1.02, eff. Art. 2, eff. 341), Sec. They may also negotiate with the court to arrange a plea bargain for reduced jail time. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. 386, Sec. 1172 (H.B. 29, eff. Find an Attorney ; . June 18, 1999; Subsec. Aug. 31, 1987; Subsecs. 1, eff. (d) On receipt of 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 has taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes. In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case. 150), Sec. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. (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. Under this law, cities that defund the police will lose their annexation powers for 10 years and any area annexed by a defunding city in the past 30 years can vote to dis-annex from the city. 1011 (H.B. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. 4, eff. (d) The attorney general may enter into a contract with a university that provides for the university's assistance in the collection and analysis of information received under this article. 341), Sec. 197, Sec. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Texas Government Code Chapter 752. Acts 1965, 59th Leg., vol. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. (h) The employing institution shall pay all expenses incurred by the municipality or county in granting or revoking a certificate of authority to act as an adjunct police officer under this article. 1, eff. 1, eff. 4.001, eff. 1, eff. Art. (d) The use of a digital signature under this section is subject to criminal laws pertaining to fraud and computer crimes, including Chapters 32 and 33, Penal Code. 2.27. September 1, 2019. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. Amended by Acts 1981, 67th Leg., p. 801, ch. (3) not exempt from disclosure under Chapter 552, Government Code, or other law. 324 (S.B. (b) A law enforcement agency is not required to perform a duty imposed by Subsection (a) with respect to a person who has provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver's license or similar government-issued identification. 7, eff. 1, eff. 111), Sec. 1, eff. 1, eff. 580, Sec. Art. Acts 2011, 82nd Leg., R.S., Ch. DPS Surcharges; DWI Blood Testing; Aug. 29, 1977. (i) If a request is not received by a clerk covered by Subsection (g) before the 31st day after the date of notice, the clerk may dispose of the eligible exhibit in the manner permitted by this article, including the delivery of the eligible exhibit for disposal as surplus or salvage property as described by Subsection (f). Speed limits are designed to get drivers where they want to go safely and without undue delay. Texas Workers' Compensation Act in PDF format. For text of article as added by Acts 2021, 87th Leg., R.S., Ch. 2.1395. Laws and Regulations November 10, 2020. . The legislation becoming law improves training . Greg Abbott signs slate of legislation to increase criminal penalties for protesters, punish cities that reduce police budgets The bills are in response to. 2210), Sec. 93 (S.B. AUSTIN, Texas (AP) 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. September 1, 2009. 1378), Sec. Art. (e) Not later than March 1 of each year, the office of the attorney general shall submit a report regarding all officer-involved injuries or deaths that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. If the office determines that the law enforcement agency failed to submit the report, the office shall provide notice of the failure to the agency. Slow down and move the vehicle safely to the right of the road. (c) It is the duty of every officer to take possession of a child under Article 63.009(g). (4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried. 4.02, eff. DUTIES AND POWERS. January 1, 2021. 2.19. (B) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the person's refusal but the person was unwilling to have the refusal recorded, and the peace officer or agent contemporaneously, in writing, documented the refusal; (2) the statement was not made as the result of a custodial interrogation, including a statement that was made spontaneously by the accused and not in response to a question by a peace officer; (3) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the interrogation but the recording equipment did not function, the officer or agent inadvertently operated the equipment incorrectly, or the equipment malfunctioned or stopped operating without the knowledge of the officer or agent; (4) exigent public safety concerns prevented or rendered infeasible the making of an electronic recording of the statement; or. Being pulled over by someone who isn't in a cop car can be unnerving. (18) a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs. 2, eff. (g) added by Acts 1999, 76th Leg., ch. CUSTODY OF PRISONERS. 2.195. (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. 2, see other Art. 4 (S.B. 2143), Sec. 867, Sec. (a) amended by Acts 1997, 75th Leg., ch. 8 (S.B. 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. A peace officer may not engage in racial profiling. Section 1c(a). (e) A person may not serve as an adjunct police officer for a municipality or county unless: (1) the institution of higher education submits the person's application for appointment and certification as an adjunct police officer to the chief of police of the municipality or, if outside a municipality, the sheriff of the county that has jurisdiction over the geographical area of the institution; (2) the chief of police of the municipality or sheriff of the county to whom the application was made issues the person a certificate of authority to act as an adjunct police officer; and. Texas Administrative Code (outside source) (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. 1, eff. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. 2.05, eff. 91 (S.B. AUSTIN, Texas (AP) 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. (2) was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence. 1. (c) If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing the state. 2931), Sec. (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. 800), Sec. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey. 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. Signed into law during the 87th Texas Legislative session, the new laws affect property valuations, third-party delivery. 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. 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. (a) This article applies only to a defendant who, in connection with a previous conviction 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): (1) received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and. 1571), Sec. 469 (H.B. (a) The attorney representing the state may request the Texas Rangers division of the Department of Public Safety to provide assistance to a local law enforcement agency investigating an offense that: (1) is alleged to have been committed by an elected officer of the political subdivision served by the local law enforcement agency; and. (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. Art. Added by Acts 2021, 87th Leg., R.S., Ch. (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). September 1, 2017. Art. Comments are closed. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. 2. Municipal police are the law enforcement agency we see the most. 1, eff. Politics Texas police officers would have to carry liability insurance under proposed law. 2, eff. June 19, 1983. (d) by Acts 2001, 77th Leg., ch. 124 (H.B. 3389), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (e) In consultation with the entities described by Subsection (a), the attorney general shall adopt rules to administer this article, including rules prescribing: (1) the form and manner of submission of a report required by Subsection (b) or (c); and. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2017, 85th Leg., R.S., Ch. Pursuant to Article 2.1305 of the Texas Code of Criminal Procedure, an establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorize to carry, regardless of whether the peace officer or special investigator is engaged . June 17, 2011. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Private Security (37 TAC Part 1, Chapter 35) Texas Statutes. 1, eff. 2.33. 1, eff. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. September 1, 2017. (4) an attachment under Chapter 20A or 24. HHS agencies and divisions must protect client confidential information and respond appropriately to suspected or actual breaches. Art. 469 (H.B. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. 1011 (H.B. 918, Sec. 593 (H.B. September 1, 2017. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney. May 17, 1971; Acts 1973, 63rd Leg., p. 9, ch. 312 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. (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. It is based on an analysis of statutes and court opinions as well as interviews with experts. 534 (S.B. (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. (d) A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list and who reports the child's or other person's current address and other relevant information to the Department of Family and Protective Services shall report to the Texas Crime Information Center that the child or other person has been located and to whom the child was released, as applicable. September 1, 2017. 85th Legislature, 2017. Sept. 1, 1999. (2) not later than January 1 of each even-numbered year, submit the policy to the Texas Commission on Law Enforcement in the manner prescribed by the commission. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. (d) Not later than the fifth day after the date of receipt of a report submitted under Subsection (c), the office of the attorney general shall post a copy of the report on the office's Internet website. 2.12. WHO ARE PEACE OFFICERS. If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county. 684, Sec. 1172 (H.B. 808 (H.B. 2.33. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Learn about 2021 unmarked police car laws in Texas to protect your safety. (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. Art. 1638), Sec. 1, eff. Art. 27, eff. Acts 2011, 82nd Leg., R.S., Ch. (b) Except as provided by Subsection (c) of this article, a special ranger may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving livestock or related property. Art. Acts 2019, 86th Leg., R.S., Ch. 794, Sec. 4.07, 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. 1, eff. June 16, 2021. What to do if you are arrested or detained Say you wish to remain silent and ask for a lawyer immediately. September 1, 2015. 2.021. The agency or office must provide the record not later than the 10th day after the date the request is received and in the form prescribed by the Attorney General. June 15, 2017. (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. 578 (S.B. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation. 1, eff. It also allows the State of Texas to withhold . Sept. 1, 1993; Acts 1995, 74th Leg., ch. 4170), Sec. Art. (b) Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident must complete and submit a written or electronic report, using the form created under that subsection, to the office of the attorney general. DUTIES RELATED TO IMMIGRATION DETAINER REQUESTS. Art. 653), Sec. 772 (H.B. Sept. 1, 1999. September 1, 2021. 950 (S.B. Art. 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. Art. 1, eff. Added by Acts 1999, 76th Leg., ch. 2.271. 604), Sec. June 12, 1985. 1, eff. A censure Saturday, March 4 . (1) "Establishment serving the public" means: (A) a hotel, motel, or other place of lodging; (B) a restaurant or other place where food is offered for sale to the public; (C) a retail business or other commercial establishment or an office building to which the general public is invited; (E) any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited. 1237, Sec. Aug. 28, 1967; Acts 1971, 62nd Leg., p. 1116, ch. 604), Sec. Art. Art. 4173), Sec. (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. (2) notify the Department of Public Safety regarding: (A) the misuse of the identifying information; (B) the actual identity of the person arrested, if known by the agency; and. 926 (S.B. Art. 2.06, eff. According to the US Bureau of Justice Statistics' 2008 Census of State and Local Law Enforcement Agencies, the state had 1,913 law enforcement agencies, the most of any state. Texas lawmakers have enacted traffic laws designed to ensure the safety of the driving public. 93 (S.B. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION. DUTY OF CLERKS. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. 1, eff. 1057 (H.B. Licensed Peace Officers (includes County Sheriffs and Deputy Constables): Current 2-year Training Unit: (09/01/21 - 08/31/23): A minimum of 40 hours of training to include the current Legislative Update course #3187. 2.32. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (d) In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. 10, eff. (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. 2702), Sec. 1. 2.33. 1849), Sec. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape. Subsec. 2.022. 119, Sec. 1, eff. (C) the governing board of a public junior college under Section 51.220, Education Code. Case law is derived from past decisions made by the courts. September 1, 2019. Added by Acts 1995, 74th Leg., ch. (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.