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Art. Texas is a community property state, so whatever is deemed marital property is split between the two spouses upon divorce. 1172 (H.B. If the electronic filing system described by this subsection is substantially upgraded or is replaced with a new system, the exemption provided by this subsection is no longer applicable. 950 (S.B. 2.195. Sept. 1, 1985. 284), Sec. 1, eff. The report must include: (1) the total number of incidents that occurred; Acts 2017, 85th Leg., R.S., Ch. 40, Sec. Art. 2.33. Art. (a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state. 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. SCHOOL MARSHALS. 37, eff. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county. (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. 2.025. 646), Sec. DUTIES OF COUNTY ATTORNEYS. Long guns, including shotguns and rifles, do not require a license to carry in public in. b. 93 (S.B. The laws governing searches and search warrants are further outlined in Chapter 18 of the state's Code of Criminal Procedure. September 1, 2011. 1, eff. Understanding the Law Can You Take Video or Pictures of Police Officers in Texas? 2.1396. (c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding. Enacted in 1996, the Lautenberg Amendment creates a prohibited-possessor status for persons convicted of a misdemeanor crime of domestic violence. Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. 580 (S.B. 628, Sec. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. 4 (S.B. (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. Art. 2.13951. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 4, eff. 3452), Sec. Sept. 1, 1975; Acts 1977, 65th Leg., p. 618, ch. 2.06, eff. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. Texas Laws Texas Transportation Code Texas Administrative Code Seatbelts Passenger or Commercial vehicle Size Extended loads Length Width Height How to measure length? Texans may carry pistols openly or concealed, as long as they are not prohibited from possessing a firearm. 290, Sec. 580 (S.B. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 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. (d) added by Acts 1999, 76th Leg., ch. The attorney general may sue to collect a civil penalty under this subsection. (b) The Texas Commission on Law Enforcement shall establish a comprehensive education and training program on eyewitness identification, including material regarding variables that affect a witness's vision and memory, practices for minimizing contamination, and effective eyewitness identification protocols. (c) amended by Acts 1999, 76th Leg., ch. 2, eff. 156, Sec. 4, eff. Sept. 1, 2003. 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. (a-1) In this section, "private school" means a school that: (1) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; (2) is not operated by a governmental entity; and. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. EXAMINING COURT. (c) It is the duty of every officer to take possession of a child under Article 63.009(g). 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. (2) was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence. 3, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 2.33. Art. Acts 2013, 83rd Leg., R.S., Ch. (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. 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. June 19, 2009. May 18, 2013. Texas Government Code Chapter 752. 322, Sec. Four bureausAdministration, State Police, Rangers, and Fire Preventionwere suggested to be created with the implementation of the new force. Marital property. 911 (S.B. 260, Sec. 3800), Sec. This subsection does not affect the reporting of information required under Article 2.133(b)(1). 57, eff. 4, eff. September 1, 2019. 1, eff. 176 (S.B. (e) A person may not serve as a special ranger unless: (1) the Texas and Southwestern Cattle Raisers Association submits the person's application for appointment and certification as a special ranger 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 special ranger; (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 special ranger; and. All expenses incurred by the granting or revocation of a certificate of authority to act as a special ranger shall be paid by the association. Art. 794, Sec. September 1, 2019. DUTY TO REQUEST AND RENDER AID. 3201), Sec. 1 (b) An offense under Subsection (a)(1) is a Class A misdemeanor. 2, eff. Amended by Acts 1967, 60th Leg., p. 1733, ch. 2.25. RAILROAD PEACE OFFICERS. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1036), Sec. 808 (H.B. PEACE OFFICERS FROM ADJOINING STATES. 2.1305. 1253), Sec. 509 (S.B. 695, Sec. A new pro-gun law in Texas that went into effect Wednesday allows most Texans who legally own a firearm to carry it openly in public without obtaining a permit or training, a measure that experts . Acts 1965, 59th Leg., vol. 2.136. (d) Any officer assigned to duty and commissioned under this article shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law. Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall immediately and as necessary: (1) request emergency medical services personnel to provide the person with emergency medical services; and. 1223 (S.B. NEGLECTING TO EXECUTE PROCESS. 1695), Sec. Laws and Regulations November 10, 2020. . 2.17. 1233), Sec. 1, eff. Section 1c(a). (3) request information from the child and the other person regarding the child's safety, well-being, and current residence. 7), Sec. Democrats in Texas have been calling for new police reforms in the state. 2.03, eff. 1172 (H.B. 580 (S.B. Art. 1420, Sec. 882, Sec. (b) Except as provided by Subsection (c) of this article, a railroad peace officer 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 injury to passengers and employees of the railroad or damage to railroad property or to protect railroad property or property in the custody or control of the railroad. SHALL DRAW COMPLAINTS. Call his office today at 832-752-5972. 2, eff. (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. 1, eff. September 1, 2009. 1, eff. (B) any object that in the manner of its use or intended use is capable of causing death or serious bodily injury. June 15, 2017. 2.03. 659, Sec. Art. 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. 2053), Sec. (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. 20, 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. 2.23. June 18, 1999; Acts 1999, 76th Leg., ch. 4, eff. Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. 611), Sec. (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. 1, eff. 4.07, eff. Sept. 1, 1999. 1058 (H.B. (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. The officer must have a reasonable suspicion that the driver has committed a crime. (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. 2.132. September 1, 2007. It is based on an analysis of statutes and court opinions as well as interviews with experts. September 1, 2021. 2.09. WHO ARE MAGISTRATES. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. 5.01, eff. Amended by Acts 1967, 60th Leg., p. 1733, ch. (g) A private institution of higher education is liable for any act or omission by a person while serving as an adjunct police officer outside of the campus of the institution in the same manner as the municipality or county governing that geographical area is liable for any act or omission of a peace officer employed by the municipality or county. 621, Sec. Art. (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. September 1, 2019. 1849), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (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. 946 (H.B. (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. (b) For purposes of this article, "assistance" includes investigative, technical, and administrative assistance. Added by Acts 2015, 84th Leg., R.S., Ch. Art. September 1, 2017. (3) is not a school whose students meet the definition provided by Section 29.916(a)(1), Education Code. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION. 85, Sec. 2, eff. September 1, 2019. Art. Acts 2017, 85th Leg., R.S., Ch. 4, eff. September 1, 2017. Section 3056(a) or investigating a threat against a person described by 18 U.S.C. On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and, (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and. Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. 2, p. 317, ch. Art. 2.1387. (C) the governing board of a public junior college under Section 51.220, Education Code. Added by Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. Below you will find links to traffic laws and driving rules in Texas -- including the online vehicle code, statutes on common traffic violations, and state-specific driving manuals (where available). Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. (a) amended by Acts 1997, 75th Leg., ch. 93 (S.B. (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. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. (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. Art. 939 (S.B. 2212), Sec. Art. Art. 1, see other Art. (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. Art. This includes police officers, EMS, firefighters, and others. September 1, 2017. 5, eff. June 18, 2005. 534 (S.B. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. 863, Sec. 1, eff. 24.001(3), eff. (3) state that the eligible exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice. 841, Sec. (2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. (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. Texting and cell phone conversations are dangerous distractions from the road. 25, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001. 2, p. 317, ch. 90, Sec. 681 (S.B. 534 (S.B. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 2.26. If available, park on the right shoulder or, if unavailable, park on a nearby well-lighted side street Debated, passed and signed during the 87th Texas Legislature, these laws include changes to public safety,. They may also negotiate with the court to arrange a plea bargain for reduced jail time. (4) the disposition of the prosecution, regardless of the manner of disposition. 930, Sec. (a), (b) amended by Acts 1999, 76th Leg., ch. (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. Art. 1, eff. (d) In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. 1, eff. September 1, 2011. 1, eff. (2) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. (d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner: "__________, Authenticating Officer for Governor __________.". 728 (H.B. 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. (d) A special ranger is not entitled to state benefits normally provided by the state to a peace officer. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 2, eff. (c) An attorney representing the state who prosecutes the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, which may involve human trafficking, shall submit to the attorney general the following information: (1) the offense being prosecuted, including a brief description of the alleged prohibited conduct; (2) any other charged offense that is part of the same criminal episode out of which the offense described by Subdivision (1) arose; (3) the information described by Subsections (b)(2), (3), (4), and (5); and. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. 1057 (H.B. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 2.04. Texas Law Section 38.15 of the Texas Penal Code Prohibits interrupting, disrupting, impeding, or otherwise interfering with certain duties of public officers. Art. Sept. 1, 2003. Art. Acts 2017, 85th Leg., R.S., Ch. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. September 1, 2011. 1849), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. Art. (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. AUTHENTICATING OFFICER. 4173), Sec. Acts 2019, 86th Leg., R.S., Ch. (a) The office of the attorney general by rule shall create a written and electronic form for the reporting by law enforcement agencies of incidents in which, while a peace officer is performing an official duty, a person who is not a peace officer discharges a firearm and causes injury or death to the officer. 686), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Aug. 31, 1987. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. September 1, 2011. 228, Sec. 1, eff. 3607), Sec. 1, eff. 1, eff. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. Acts 2021, 87th Leg., R.S., Ch. January 1, 2021. 717, Sec. 531, Sec. Art. 2.1397. (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. 686), Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1849), Sec. 912, Sec. 979 (S.B. 446, Sec. 245), Sec. At the highest level, the supreme court hears civil cases and the court of criminal appeals hears criminal cases. 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. 98, eff. 2.22. 2.33. (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. September 1, 2009. Added by Acts 2015, 84th Leg., R.S., 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 Being pulled over by someone who isn't in a cop car can be unnerving. June 14, 1989; Acts 1993, 73rd Leg., ch. 1, eff. 107, Sec. REPORT AS TO PRISONERS. LawInfo can help you protect your rights. Police officers may work for city, county, state or federal law enforcement agencies throughout the state. 1, eff. (5) the peace officer or agent of the law enforcement agency conducting the interrogation reasonably believed at the time the interrogation commenced that the person being interrogated was not taken into custody for or being interrogated concerning the commission of an offense listed in Subsection (b). 469 (H.B. 1, eff. September 1, 2011. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. Art. Acts 2011, 82nd Leg., R.S., Ch. Analysis of police misconduct record laws in all 50 states. 2.31. (b) The peace officer may temporarily detain the child or other person to ensure the safety and well-being of the child. 2.01, eff. 1, eff. (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 116, Sec. (e) relettered from subsec. September 1, 2017. DEPUTY. 386), Sec. 10, eff. Art. June 16, 2021. Amended by Acts 1999, 76th Leg., ch. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. 2, eff. 1, eff. 459, Sec. 685, Sec. 3051), Sec. (c) amended by Acts 2003, 78th Leg., ch. 722.
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