HB902 - Relating to the powers and duties of peace officers.

  89R1394 AJZ-D     By: Thompson H.B. No. 902       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of peace officers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 2A.051, Code of Criminal Procedure, is   amended to read as follows:          Art. 2A.051.  GENERAL POWERS AND DUTIES OF PEACE   OFFICERS.  Each peace officer [ shall ]:                (1)   shall preserve the peace within the officer's   jurisdiction using all lawful means;                (2)   may, if authorized [ in every case authorized by   this code ], interfere without a warrant to prevent or suppress   crime;                (3)   shall  execute all lawful process issued to the   officer by a magistrate or court;                (4)   shall give notice to an appropriate magistrate of   all offenses committed in the officer's jurisdiction, if [ where ]   the officer has probable cause [ good reason ] to believe there has   been a violation of the penal law;                (5)   may, if [ when ] authorized [ by law ], arrest an   offender without a warrant so the offender may be taken before the   proper magistrate or court and be tried;                (6)   shall take possession of a child under Article   63.00905(g) [ 63.009(g) ]; [ and ]                (7)   shall,  on a request made by the Texas Civil   Commitment Office, execute an emergency detention order issued by   that office under Section 841.0837, Health and Safety Code ;                 (8)     shall make an identification as a peace officer   before taking any action within the course and scope of the   officer's official duties unless the identification would render   the action impracticable; and                 (9)     shall intervene to prevent an action by another   peace officer if:                       (A)     the action includes the use of force in an   amount that exceeds that which is reasonable under the   circumstances;                         (B)     the intervening officer knows or should know   that the other officer's action violates department policy or   local, state, or federal law; or                       (C)     the action puts a person at risk of bodily   injury, as that term is defined by Section 1.07, Penal Code, and is   not:                               (i)     immediately necessary to avoid imminent   bodily injury to a peace officer or other person; or                             (ii)     required to apprehend a person   suspected of committing an offense .          SECTION 2.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 3.  This Act takes effect September 1, 2025.