HB1982 - Relating to limitations on federal authority and federal agents in this state, including the licensure of federal agents and special procedures for executing federal warrants; creating a criminal offense.

      By: Hopper H.B. No. 1982       A BILL TO BE ENTITLED   AN ACT   relating to limitations on federal authority and federal agents in   this state, including the licensure of federal agents and special   procedures for executing federal warrants; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS          SECTION 1.01.  Title 7, Government Code, is amended by   adding Chapter 741 to read as follows:   CHAPTER 741. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS   IN THIS STATE   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 741.001.  DEFINITIONS. In this chapter:                 (1)     "federal agent" means an elected or appointed   federal officer or any employee of a federal agency, including a   federal law enforcement officer.                 (2)     "Criminal prosecutions division" means the   criminal prosecutions division of the attorney general's office.           Sec.   741.002.     CONFLICT OF LAWS. To the extent this chapter   conflicts with another law, this chapter prevails.   SUBCHAPTER B. PEACE OFFICER LICENSING           Sec.   741.051.     LICENSURE OF FEDERAL AGENT AS PEACE OFFICER   PROHIBITED. The Texas Commission on Law Enforcement may not issue a   peace officer license to a federal agent.           Sec.   741.052.     REVOCATION OF PEACE OFFICER LICENSE IF PERSON   IS FEDERAL AGENT. The Texas Commission on Law Enforcement shall   revoke under the procedures provided by Subchapter K, Chapter 1701,   Occupations Code, the peace officer license of a person who is a   federal agent.   SUBCHAPTER C. SPECIAL PROCEDURE FOR FEDERAL WARRANTS           Sec. 741.101.  ATTORNEY GENERAL REVIEW OF FEDERAL WARRANT.           (a)     A search or arrest warrant issued by a federal court,   including the United States Foreign Intelligence Surveillance   Court, against a United States citizen domiciled in Texas, may not   be executed in this state unless:                 (1)     the warrant is reviewed and approved by criminal   prosecutions division of the attorney general's office; and                 (2)     the appropriate sheriff for the county where the   warrant is to be executed;                 (3)     subject to Section 741.103, the appropriate   sheriff may at their discretion execute the warrant on behalf of the   federal government.           (b)     A federal agent may apply to the attorney general for   review of a warrant described by Subsection (a). The application   must include:                 (1)     all of the evidence that forms the basis for the   finding of probable cause underlying the warrant, regardless of   which court or grand jury the evidence was presented to; and                 (2)     any rulings, findings of fact, or conclusions of   law the court made in issuing the warrant.           (c)     In the discretion of the attorney general, the attorney   general may approve or disapprove the execution of the warrant in   this state.           Sec.   741.102.     APPROVED WARRANT PROVIDED TO APPROPRIATE   SHERIFF. On approving a warrant under Section 741.101, the   attorney general shall provide a certified copy of the warrant to   the appropriate sheriff with jurisdiction of the county in which   the warrant is to be executed.           Sec.   741.103.     SHERIFF MAY REFUSE OR EXECUTE WARRANT. (a)   On receipt of a warrant under Section 741.102, the sheriff may:                 (1)  execute the warrant;                 (2)     grant authority for federal law enforcement to   execute the warrant; or                 (3)  refuse to execute the warrant.           (b)     If the sheriff executes a warrant described by Section   741.102, a federal agent may only be present when the warrant is   executed with approval of the sheriff for the county in which the   warrant is to be executed.   SUBCHAPTER D. HEARING REQUIRED FOR SURRENDER OF TEXAS CITIZEN TO   FEDERAL CUSTODY           Sec.   741.151.     (a)   In this section, "correctional facility"   has the meaning assigned by Section 1.07, Penal Code.           (b)     A citizen of this state confined in any correctional   facility in this state is entitled to a hearing before the citizen   may be transferred into the custody of a federal agent or agency.           (c)     The hearing must be held by a district court of this   state.   SUBCHAPTER E. LIMITATIONS ON FEDERAL AUTHORITY           Sec.   741.201.     CERTAIN FEDERAL AUTHORITY NOT RECOGNIZED.   (a) A federal agent may not discharge the agent's official duties   on any property in this state, other than property for which the   United States has exclusive or concurrent jurisdiction and only to   the extent of that jurisdiction, unless the federal agent is   discharging official duties for which legal authority is   specifically enumerated in the United States Constitution, or is   acting pursuant to the request, or with the approval of, state or   local law enforcement.           (b)     This state does not recognize the authority under   federal law for a federal agent to engage in conduct that violates   Subsection (a).          SECTION 1.02.  Section 37.11(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person:                (1)  impersonates a public servant with intent to   induce another to submit to the person's pretended official   authority or to rely on the person's pretended official acts; [ or ]                (2)  knowingly purports to exercise, without legal   authority, any function of a public servant or of a public office,   including that of a judge and court ; or                 (3)     knowingly engages in conduct that violates Section   741.201(a), Government Code .          SECTION 1.03.  Art. 2A.002(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  The following criminal investigators of the United   States are not peace officers but and do not have the powers of   arrest, search, and seizure, for violations of law in this state not   expressly granted by statute, unless at the direction of state and   local law enforcement or as to felony offenses only :   ARTICLE 2. CONFORMING AMENDMENTS          SECTION 2.01.  Article 2A.052(b), Code of Criminal   Procedure, is amended to read as follows:          (b)  An establishment serving the public may not prohibit or   otherwise restrict a peace officer or federal special investigator   as defined by Section 1.07, Penal Code, from carrying on the   establishment's premises a weapon that the officer or investigator   is otherwise authorized to carry, regardless of whether the officer   or investigator is engaged in the actual discharge of the officer's   or investigator's duties while carrying the weapon.          SECTION 2.02.  The heading to Article 38.141, Code of   Criminal Procedure, is amended to read as follows:          Art. 38.141.  TESTIMONY OF UNDERCOVER PEACE OFFICER OR   SPECIAL INVESTIGATOR.          SECTION 2.03.  Articles 38.141(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  A defendant may not be convicted of an offense under   Chapter 481, Health and Safety Code, on the testimony of a person   who is not a licensed peace officer or a special investigator but   who is acting covertly on behalf of a law enforcement agency or   under the color of law enforcement unless the testimony is   corroborated by other evidence tending to connect the defendant   with the offense committed.          (c)  In this article, "peace officer" means a person listed   in Article 2A.001, and "special investigator" means a person listed   in Article 2A.002.          SECTION 2.04.  Section 552.1175(a), Government Code, is   amended to read as follows:          (a)  This section applies only to:                (1)  current or honorably retired peace officers as   defined by Article 2A.001, Code of Criminal Procedure, or federal   special investigators as defined by Section 1.07, Penal Code   described by Article 2A.002, Code of Criminal Procedure;                (2)  current or honorably retired county jailers as   defined by Section 1701.001, Occupations Code;                (3)  current or former employees of the Texas   Department of Criminal Justice or of the predecessor in function of   the department or any division of the department;                (4)  commissioned security officers as defined by   Section 1702.002, Occupations Code;                (5)  a current or former district attorney, criminal   district attorney, or county or municipal attorney whose   jurisdiction includes any criminal law or child protective services   matters;                 (6)  [ (5-a) ]  a current or former employee of a district   attorney, criminal district attorney, or county or municipal   attorney whose jurisdiction includes any criminal law or child   protective services matters;                 (7)  [ (6) ]  officers and employees of a community   supervision and corrections department established under Chapter   76 who perform a duty described by Section 76.004(b);                 (8)   (7)   criminal investigators of the United States as   described by Article 2A.002(a), Code of Criminal Procedure ;                 (9)   (8)   current or honorably retired police officers   and inspectors of the United States Federal Protective Service;                 (10)   (9)   current and former employees of the office of   the attorney general who are or were assigned to a division of that   office the duties of which involve law enforcement or are performed   under Chapter 231, Family Code;                 (11)   (10)   current or former juvenile probation and   detention officers certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code;                 (12)   (11)   current or former employees of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code;                 (13)   (12)   current or former employees of the Texas   Juvenile Justice Department or the predecessors in function of the   department;                 (14)   (13)   federal judges and state judges as defined   by Section 1.005, Election Code;                 (15)   (14)   current or former employees of the Texas [Text truncated for display. 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