CODE OF CRIMINAL PROCEDURE CHAPTER 2.

GENERAL DUTIES OF OFFICERS

Art. 2.01. [25] [30] [31] Duties of district attorneys

Each district attorney shall represent the State in all criminal
cases in the district courts of his district and in appeals
therefrom, except in cases where he has been, before his election,
employed adversely. 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. It shall be the primary duty of all
prosecuting attorneys, including any special prosecutors, not to
convict, but to see that justice is done. They shall not suppress
facts or secrete witnesses capable of establishing the innocence of
the accused.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 98, eff.
Sept. 1, 1981.

Art. 2.02. [26] [32] [33] Duties of county attorneys

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. He shall represent the State in cases he has prosecuted
which are appealed.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 99, eff.
Sept. 1, 1981.

Art. 2.025. Special Duty of District or County Attorney Relating to
Child Support

If a district or county attorney receives money from a person who is
required by a court order to pay child support through a local
registry or the Title IV-D agency and the money is presented to the
attorney as payment for the court-ordered child support, the
attorney shall transfer the money to the local registry or Title
IV-D agency designated as the place of payment in the child support
order.

Added by Acts 1999, 76th Leg., ch. 40, Sec. 1, eff. Sept. 1, 1999.

Art. 2.03. [27] [33] [34] Neglect of duty

(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 or failure of duty upon the
part of said officer; and he shall bring to the notice of the grand
jury any act of violation of law or neglect or failure of duty upon
the part of any officer, when such violation, neglect or failure is
not presented by information, and whenever the same may come to his
knowledge.

(b) It is the duty of the trial court, the attorney representing the
accused, the attorney representing the state and all peace officers
to so conduct themselves as to insure a fair trial for both the
state and the defendant, not impair the presumption of innocence,
and at the same time afford the public the benefits of a free press.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1733, ch. 659, Sec. 3, eff. Aug. 28, 1967.

Art. 2.04. [28] [34] [35] Shall draw complaints

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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.05. [29] [35] [36] When complaint is made

If the offense be a misdemeanor, the attorney shall forthwith
prepare an information based upon such complaint and file the same
in the court having jurisdiction; provided, that in counties
having no county attorney, misdemeanor cases may be tried upon
complaint alone, without an information, provided, however, in
counties having one or more criminal district courts an information
must be filed in each misdemeanor case. If the offense be a felony,
he shall forthwith file the complaint with a magistrate of the
county.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.06. [30] [36] [37] May administer oaths

For the purpose mentioned in the two preceding Articles, district
and county attorneys are authorized to administer oaths.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.07. [31] [38] [39] Attorney pro tem

(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 his office, or in any
instance where there is no attorney for the state, the judge of the
court in which he represents the state may appoint any competent
attorney to perform the duties of the office during the absence or
disqualification of the attorney for the state.

(b) Except as otherwise provided by this subsection, if the
appointed attorney is also an attorney for the state, the duties of
the appointed office are additional duties of his present office,
and he is not entitled to additional compensation. Nothing herein
shall prevent a commissioners court of a county from contracting
with another commissioners court to pay expenses and reimburse
compensation paid by a county to an attorney for the state who is
appointed to perform additional duties.

(b-1) An attorney for the state who is not disqualified to act may
request the court to permit him to recuse himself in a case for good
cause and upon approval by the court is disqualified.

(c) If the appointed attorney is not an attorney for the state, he
is qualified to perform the duties of the office for the period of
absence or disqualification of the attorney for the state on filing
an oath with the clerk of the court. He shall receive compensation
in the same amount and manner as an attorney appointed to represent
an indigent person.

(d) In this article, "attorney for the state" means a county
attorney, a district attorney, or a criminal district attorney.

(e) In Subsections (b) and (c) of this article, "attorney for the
state" includes an assistant attorney general.

(f) In Subsection (a) of this article, "competent attorney"
includes an assistant attorney general.

(g) An attorney appointed under Subsection (a) of this article to
perform the duties of the office of an attorney for the state in a
justice or municipal court may be paid a reasonable fee for
performing those duties.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1733, ch. 659, Sec. 4, eff. Aug. 28, 1967; Acts 1973,
63rd Leg., p. 356, ch. 154, Sec. 1, eff. May 23, 1973.

Subsec. (b) amended by and subsec. (b-1) added by Acts 1987, 70th
Leg., ch. 918, Sec. 1, eff. Aug. 31, 1987; Subsecs. (e), (f) added
by Acts 1995, 74th Leg., ch. 785, Sec. 1, eff. Sept. 1, 1995;
Subsec. (g) added by Acts 1999, 76th Leg., ch. 1545, Sec. 1, eff.
Sept. 1, 1999.

Art. 2.08. [32] [40] [41] Disqualified

District and county attorneys shall not be of counsel adversely to
the State in any case, in any court, nor shall they, after they
cease to be such officers, be of counsel adversely to the State in
any case in which they have been of counsel for the State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.09. Who Are Magistrates

Each of the following officers is a magistrate within the meaning of
this Code: The justices of the Supreme Court, the judges of the
Court of Criminal Appeals, the justices of the Courts of Appeals,
the judges of the District Court, the magistrates appointed by the
judges of the district courts of Bexar County, Dallas County, or
Tarrant County that give preference to criminal cases, the criminal
law hearing officers for Harris County appointed under Subchapter
L, Chapter 54, Government Code, the magistrates appointed by the
judges of the district courts of Lubbock County or Webb County, the
magistrates appointed by the judges of the criminal district courts
of Dallas County or Tarrant County, the masters appointed by the
judges of the district courts and the county courts at law that give
preference to criminal cases in Jefferson County, the magistrates
appointed by the judges of the district courts and the statutory
county courts of Williamson County, the magistrates appointed by
the judges of the district courts and statutory county courts that
give preference to criminal cases in Travis County, the county
judges, the judges of the county courts at law, judges of the county
criminal courts, the judges of statutory probate courts, the
associate judges appointed by the judges of the statutory probate
courts under Subchapter G, Chapter 54, Government Code, the
justices of the peace, the mayors and recorders and the judges of
the municipal courts of incorporated cities or towns.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 100, eff.
Sept. 1, 1981; Acts 1983, 68th Leg., p. 883, ch. 204, Sec. 1, eff.
Aug. 29, 1983; Acts 1989, 71st Leg., ch. 25, Sec. 2, eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 79, Sec. 1, eff. May 15, 1989; Acts
1989, 71st Leg., ch. 916, Sec. 1, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 1068, Sec. 2, eff. Aug. 28, 1989; Acts 1991, 72nd
Leg., ch. 16, Sec. 4.01, eff. Aug. 26, 1991; Acts 1993, 73rd Leg.,
ch. 224, Sec. 2, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 413,
Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 468, Sec. 1,
eff. June 9, 1993; Acts 1993, 73rd Leg., ch. 577, Sec. 2, eff. Aug.
30, 1993; Acts 1999, 76th Leg., ch. 586, Sec. 2, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 1503, Sec. 2, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 979, Sec. 1, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1066, Sec. 9, eff. Sept. 1, 2003.

Art. 2.10. [34] [42] [43] Duty of magistrates

It is the duty of every magistrate to preserve the peace within his
jurisdiction by the use of all lawful means; to issue all process
intended to aid in preventing and suppressing crime; to cause the
arrest of offenders by the use of lawful means in order that they
may be brought to punishment.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.11. [35] [62] [63] Examining court

When the magistrate sits for the purpose of inquiring into a
criminal accusation against any person, this is called an examining
court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.12. Who Are Peace Officers

The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who hold a
permanent peace officer license issued under Chapter 1701,
Occupations Code;

(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city, town, or
village, and those reserve municipal police officers who hold a
permanent peace officer license issued under Chapter 1701,
Occupations Code;

(4) rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal district
attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage
Commission;

(7) each member of an arson investigating unit commissioned by a
city, a county, or the state;

(8) officers commissioned under Section 37.081, Education Code, or
Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services Commission;

(10) law enforcement officers commissioned by the Parks and
Wildlife Commission;

(11) airport police officers commissioned by a city with a
population of more than 1.18 million that operates an airport that
serves commercial air carriers;

(12) airport security personnel commissioned as peace officers by
the governing body of any political subdivision of this state,
other than a city described by Subdivision (11), that operates an
airport that serves commercial air carriers;

(13) municipal park and recreational patrolmen and security
officers;

(14) security officers and investigators commissioned as peace
officers by the comptroller;

(15) officers commissioned by a water control and improvement
district under Section 49.216, Water Code;

(16) officers commissioned by a board of trustees under Chapter 54,
Transportation Code;

(17) investigators commissioned by the Texas State Board of Medical
Examiners;

(18) officers commissioned by the board of managers of the Dallas
County Hospital District, the Tarrant County Hospital District, or
the Bexar County Hospital District under Section 281.057, Health
and Safety Code;

(19) county park rangers commissioned under Subchapter E, Chapter
351, Local Government Code;

(20) investigators employed by the Texas Racing Commission;

(21) officers commissioned under Chapter 554, Occupations Code;

(22) officers commissioned by the governing body of a metropolitan
rapid transit authority under Section 451.108, Transportation
Code, or by a regional transportation authority under Section
452.110, Transportation Code;

(23) investigators commissioned by the attorney general under
Section 402.009, Government Code;

(24) security officers and investigators commissioned as peace
officers under Chapter 466, Government Code;

(25) an officer employed by the Texas Department of Health under
Section 431.2471, Health and Safety Code;

(26) officers appointed by an appellate court under Subchapter F,
Chapter 53, Government Code;

(27) officers commissioned by the state fire marshal under Chapter
417, Government Code;

(28) an investigator commissioned by the commissioner of insurance
under Article 1.10D, Insurance Code;

(29) apprehension specialists commissioned by the Texas Youth
Commission as officers under Section 61.0931, Human Resources Code;

(30) officers appointed by the executive director of the Texas
Department of Criminal Justice under Section 493.019, Government
Code;

(31) investigators commissioned by the Commission on Law
Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;

(32) commission investigators commissioned by the Texas Commission
on Private Security under Section 1702.061(f), Occupations Code;

Text of subd. (33) as amended by Acts 2003, 78th Leg., ch. 474, Sec. 1

(33) the fire marshal, and any investigators commissioned by an
emergency services district to assist that fire marshal, under
Subchapter F, Chapter 775, Health and Safety Code; and

Text of subd. (33) as amended by Acts 2003, 78th Leg., ch. 235, Sec. 16 and Acts 2003, 78th Leg., ch. 930, Sec. 12

(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code.

(34) officers commissioned by the State Board of Dental Examiners
under Section 254.013, Occupations Code, subject to the limitations
imposed by that section.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1734, ch. 659, Sec. 5, eff. Aug. 28, 1967; Acts 1971,
62nd Leg., p. 1116, ch. 246, Sec. 3, eff. May 17, 1971; Acts 1973,
63rd Leg., p. 9, ch. 7, Sec. 2, eff. Aug. 27, 1973; Acts 1973, 63rd
Leg., p. 1259, ch. 459, Sec. 1, eff. Aug. 27, 1973; Acts 1975, 64th
Leg., p. 480, ch. 204, Sec. 1, eff. Sept. 1, 1975; Acts 1977, 65th
Leg., p. 618, ch. 227, Sec. 2, eff. May 24, 1977; Acts 1977, 65th
Leg., p. 1082, ch. 396, Sec.1, eff. Aug. 29, 1977.

Amended by Acts 1983, 68th Leg., p. 545, ch. 114, Sec. 1, eff. May
17, 1983; Acts 1983, 68th Leg., p. 4358, ch. 699, Sec. 11, eff. June
19, 1983; Acts 1983, 68th Leg., p. 4901, ch. 867, Sec. 2, eff. June
19, 1983; Acts 1983, 68th Leg., p. 5303, ch. 974, Sec. 11, eff. Aug.
29, 1983; Acts 1985, 69th Leg., ch. 384, Sec. 2, eff. Aug. 26, 1985;
Acts 1985, 69th Leg., ch. 907, Sec. 6, eff. Sept. 1, 1985; Acts
1986, 69th Leg., 2nd C.S., ch. 19, Sec. 4, eff. Dec. 4, 1986; Acts
1987, 70th Leg., ch. 262, Sec. 20, eff. Sept. 1, 1987; Acts 1987,
70th Leg., ch. 350, Sec. 1, eff. Aug. 31, 1987; Acts 1989, 71st
Leg., ch. 277, Sec. 4, eff. June 14, 1989; Acts 1989, 71st Leg., ch.
794, Sec. 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1104,
Sec. 4, eff. June 16, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 4.02,
eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 228, Sec. 1, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 287, Sec. 24, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 386, Sec. 70, eff. Aug. 26, 1991;
Acts 1991, 72nd Leg., ch. 446, Sec. 1, eff. June 11, 1991; Acts
1991, 72nd Leg., ch. 544, Sec. 1, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., ch. 545, Sec. 2, eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 597, Sec. 57, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,
ch. 853, Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S.,
ch. 6, Sec. 6; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 3.01,
eff. Nov. 12, 1991; Acts 1993, 73rd Leg., ch. 107, Sec. 4.07, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 116, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 339, Sec. 2, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 695, Sec. 2, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 912, Sec. 25, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 260, Sec. 10, eff. May 30, 1995; Acts 1995, 74th
Leg., ch. 621, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch.
729, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1423,
Sec. 4.01, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 90, Sec. 1,
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 322, Sec. 2, eff. May
29, 1999; Acts 1999, 76th Leg., ch. 882, Sec. 2, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 974, Sec. 37, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 272, Sec. 7, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 442, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 669, Sec. 8, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1420, Sec. 3.001, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
235, Sec. 16, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 474,
Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 930, Sec. 12,
eff. Sept. 1, 2003.

Art. 2.121. Railroad peace officers

(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.

(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.

(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.

(d) A railroad peace officer is not entitled to state benefits
normally provided by the state to a peace officer.

(e) A person may not serve as a railroad peace officer for a
railroad company unless:

(1) the Texas Railroad Association submits the person's application
for appointment and certification as a railroad peace officer to
the director of the Department of Public Safety and to the executive
director of the Commission on Law Enforcement Officer Standards and
Education;

(2) the director of the department issues the person a certificate
of authority to act as a railroad peace officer; and

(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 railroad peace officer; and

(4) the person has met all standards for certification as a peace
officer by the Commission on Law Enforcement Officer Standards and
Education.

(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 a railroad
company, or the revocation of a railroad peace officer license,
shall constitute an automatic revocation of a certificate of
authority to act as a railroad peace officer.

(g) A railroad company is liable for any act or omission by a person
serving as a railroad peace officer for the company that is within
the person's scope of employment. Neither the state nor any
political subdivision or agency of the state shall be liable for any
act or omission by a person appointed as a railroad peace officer.
All expenses incurred by the granting or revocation of a
certificate of authority to act as a railroad peace officer shall be
paid by the employing railroad company.

(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.

(i) 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.

Added by Acts 1985, 69th Leg., ch. 531, Sec. 1, eff. June 12, 1985.
Subsec. (c) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.01, eff.
Sept. 1, 1999.

Art. 2.122. Special investigators

(a) The following named criminal investigators of the United States
shall not be deemed peace officers, but shall have the powers of
arrest, search and seizure as to felony offenses only under the laws
of the State of Texas:

(1) Special Agents of the Federal Bureau of Investigation;

(2) Special Agents of the Secret Service;

(3) Special Agents of the United States Customs Service;

(4) Special Agents of Alcohol, Tobacco and Firearms;

(5) Special Agents of Federal Drug Enforcement Agency;

(6) Inspectors of the United States Postal Service;

(7) Special Agents of the Criminal Investigation Division and
Inspectors of the Internal Security Division of the Internal
Revenue Service;

(8) Civilian Special Agents of the United States Naval
Investigative Service;

(9) Marshals and Deputy Marshals of the United States Marshals
Service;

(10) Special Agents of the United States Immigration and
Naturalization Service; and

(11) Special Agents of the United States Department of State,
Bureau of Diplomatic Security.

(b) A person designated as a special policeman by the Federal
Protective Services division of the General Services
Administration under 40 U.S.C. Section 318 or 318d is not a peace
officer but has the powers of arrest and search and seizure as to
any offense under the laws of this state.

(c) A customs inspector of the United States Customs Service or a
border patrolman or immigration officer of the United States
Department of Justice 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 Immigration and Naturalization
Service 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 inspector,
patrolman, 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.

(d) A commissioned law enforcement officer of the National Park
Service is not a peace officer under the laws of this state, except
that the officer has the powers of arrest, search, and seizure as to
any offense under the laws of this state committed within the
boundaries of a national park or national recreation area. 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. Section 1c(a).

(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. In this subsection, "National
Forest System" has the meaning assigned by 16 U.S.C. Section 1609.

(f) Security personnel working at a commercial nuclear power plant,
including contract security personnel, trained and qualified under
a security plan approved by the United States Nuclear Regulatory
Commission, are not peace officers under the laws of this state,
except that such personnel have the powers of arrest, search, and
seizure, including the powers under Section 9.51, Penal Code, while
in the performance of their duties on the premises of a commercial
nuclear power plant site or under agreements entered into with
local law enforcement regarding areas surrounding the plant site.

Added by Acts 1985, 69th Leg., ch. 543, Sec. 1, eff. Sept. 1, 1985.
Renumbered from art. 2.121 and amended by Acts 1987, 70th Leg., ch.
503, Sec. 1, eff. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 854, Sec.
1, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 841,
Sec. 1, eff. June 14, 1989; Acts 1993, 73rd Leg., ch. 927, Sec. 1,
eff. June 19, 1993; Subsec. (a) amended by Acts 1997, 75th Leg.,
ch. 717, Sec. 1, eff. June 17, 1997; Subsec. (c) added by Acts 1997,
75th Leg., ch. 290, Sec. 1, eff. May 26, 1997; Subsec. (a) amended
by Acts 1999, 76th Leg., ch. 197, Sec. 1, eff. May 24, 1999; Subsec.
(c) amended by Acts 1999, 76th Leg., ch. 863, Sec. 1, eff. June 18,
1999; Subsec. (d) added by Acts 1999, 76th Leg., ch. 197, Sec. 1,
eff. May 24, 1999; added by Acts 1999, 76th Leg., ch. 628, Sec. 1,
eff. June 18, 1999; Subsec. (e) relettered from subsec. (d) by Acts
2001, 77th Leg., ch. 1420, Sec. 21.001(7), eff. Sept. 1, 2001;
Subsec. (f) added by Acts 2003, 78th Leg., ch. 1237, Sec. 1, eff.
June 20, 2003.

Art. 2.123. Adjunct police officers

(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. 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.

(b) The geographical area that is subject to designation under
Subsection (a) of this article may include only the private
institution's campus area and an area that:

(1) is adjacent to the campus of the private institution;

(2) does not extend further than a distance of one mile from the
perimeter of the campus of the private institution; and

(3) is inhabited primarily by students or employees of the private
institution.

(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.

(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.

(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

(3) the person undergoes any additional training required for that
person to meet the training standards of the municipality or county
for peace officers employed by the municipality or county.

(f) For good cause, the chief of police or sheriff may revoke a
certificate of authority issued under this article.

(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. This subsection shall not be construed to
act as a limitation on the liability of a municipality or county for
the acts or omissions of a person serving as an adjunct police
officer.

(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.

(i) This article does not affect any duty of the municipality or
county to provide law enforcement services to a geographical area
designated under Subsection (a) of this article.

Added by Acts 1987, 70th Leg., ch. 1128, Sec. 1, eff. Aug. 31, 1987.

Art. 2.124. Peace Officers From Adjoining States

(a) A commissioned peace officer of a state of the United States of
America adjoining this state, while the officer is in this state,
has under this subsection the same powers, duties, and immunities
as a peace officer of this state who is acting in the discharge of an
official duty, but only:

(1) during a time in which:

(A) the peace officer from the adjoining state has physical custody
of an inmate or criminal defendant and is transporting the inmate or
defendant from a county in the adjoining state that is on the border
between the two states to a hospital or other medical facility in a
county in this state that is on the border between the two states;
or

(B) the peace officer has physical custody of the inmate or
defendant and is returning the inmate or defendant from the
hospital or facility to the county in the adjoining state; and

(2) to the extent necessary to:

(A) maintain physical custody of the inmate or defendant while
transporting the inmate or defendant; or

(B) regain physical custody of the inmate or defendant if the inmate
or defendant escapes while being transported.

(b) A commissioned peace officer of a state of the United States of
America adjoining this state, while the officer is in this state,
has under this subsection the same powers, duties, and immunities
as a peace officer of this state who is acting in the discharge of an
official duty, but only in a municipality some part of the municipal
limits of which are within one mile of the boundary between this
state and the adjoining state and only at a time the peace officer
is regularly assigned to duty in a county, parish, or municipality
that adjoins this state. A peace officer described by this
subsection may also as part of the officer's powers in this state
enforce the ordinances of a Texas municipality described by this
subsection but only after the governing body of the municipality
authorizes that enforcement by majority vote at an open meeting.

Added by Acts 1995, 74th Leg., ch. 156, Sec. 1, eff. May 19, 1995.
Amended by Acts 1999, 76th Leg., ch. 107, Sec. 1, eff. Sept. 1,
1999.

Art. 2.13. [37] [44] [45] Duties and powers

(a) It is the duty of every peace officer to preserve the peace
within the officer's jurisdiction. To effect this purpose, the
officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code,
interfere without warrant to prevent or suppress crime;

(2) execute all lawful process issued to the officer by any
magistrate or court;

(3) give notice to some magistrate of all offenses committed within
the officer's jurisdiction, where the officer has good reason to
believe there has been a violation of the penal law; and

(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.

(c) It is the duty of every officer to take possession of a child
under Article 63.009(g).

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1999, 76th Leg., ch. 685, Sec. 1, eff. Sept. 1,
1999; Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec.
5.0005, eff. Sept. 1, 2003.

Art. 2.131. Racial Profiling Prohibited

A peace officer may not engage in racial profiling.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.132. Law Enforcement Policy on Racial Profiling

(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 traffic stops in the routine
performance of the officers' official duties.

(2) "Race or ethnicity" means of a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American descent.

(b) Each law enforcement agency in this state shall adopt a detailed
written policy on racial profiling. 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 complaint
process;

(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 traffic stops in
which a citation is issued and to arrests resulting from those
traffic stops, including information relating to:

(A) the race or ethnicity of the individual detained; and

(B) whether a search was conducted and, if so, whether the person
detained consented to the search; and

(7) require the agency to submit to the governing body of each
county or municipality served by the agency an annual report of the
information collected under Subdivision (6) if the agency is an
agency of a county, municipality, or other political subdivision of
the state.

(c) The data collected as a result of the reporting requirements of
this article shall not constitute prima facie evidence of racial
profiling.

(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 traffic stops and
transmitter-activated equipment in each agency law enforcement
motorcycle regularly used to make traffic stops. If a law
enforcement agency installs video or audio equipment as provided by
this subsection, the policy adopted by the agency under Subsection
(b) must include standards for reviewing video and audio
documentation.

(e) A report required under Subsection (b)(7) may not include
identifying information about a peace officer who makes a traffic
stop or about an individual who is stopped or arrested by a peace
officer. This subsection does not affect the collection of
information as required by a policy under Subsection (b)(6).

(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.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.133. Reports Required for Traffic and Pedestrian Stops

(a) In this article:

(1) "Race or ethnicity" has the meaning assigned by Article
2.132(a).

(2) "Pedestrian stop" means an interaction between a peace officer
and an individual who is being detained for the purpose of a
criminal investigation in which the individual is not under arrest.

(b) A peace officer who stops a motor vehicle for an alleged
violation of a law or ordinance regulating traffic or who stops a
pedestrian for any suspected offense shall report to the law
enforcement agency that employs the officer information relating to
the stop, including:

(1) a physical description of each person detained as a result of
the stop, including:

(A) the person's gender; and

(B) the person's race or ethnicity, as stated by the person or, if
the person does not state the person's race or ethnicity, as
determined by the officer to the best of the officer's ability;

(2) the traffic law or ordinance alleged to have been violated or
the suspected offense;

(3) whether the officer conducted a search as a result of the stop
and, if so, whether the person detained consented to the search;

(4) whether any contraband was discovered in the course of the
search and the type of contraband discovered;

(5) whether probable cause to search existed and the facts
supporting the existence of that probable cause;

(6) whether the officer made an arrest as a result of the stop or the
search, including a statement of the offense charged;

(7) the street address or approximate location of the stop; and

(8) whether the officer issued a warning or a citation as a result
of the stop, including a description of the warning or a statement
of the violation charged.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.134. Compilation and Analysis of Information Collected

(a) In this article, "pedestrian stop" means an interaction between
a peace officer and an individual who is being detained for the
purpose of a criminal investigation in which the individual is not
under arrest.

(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under
Article 2.133. Not later than March 1 of each year, each local law
enforcement agency shall submit a report containing the information
compiled during the previous calendar year to the governing body of
each county or municipality served by the agency in a manner
approved by the agency.

(c) A report required under Subsection (b) must include:

(1) a comparative analysis of the information compiled under
Article 2.133 to:

(A) determine the prevalence of racial profiling by peace officers
employed by the agency; and

(B) examine the disposition of traffic and pedestrian stops made by
officers employed by the agency, including searches resulting from
the stops; and

(2) information relating to each complaint filed with the agency
alleging that a peace officer employed by the agency has engaged in
racial profiling.

(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a traffic
or pedestrian stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the reporting
of information required under Article 2.133(b)(1).

(e) The Commission on Law Enforcement Officer Standards and
Education shall develop guidelines for compiling and reporting
information as required by this article.

(f) The data collected as a result of the reporting requirements of
this article shall not constitute prima facie evidence of racial
profiling.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.135. Exemption for Agencies Using Video and Audio Equipment

(a) A peace officer is exempt from the reporting requirement under
Article 2.133 and a law enforcement agency is exempt from the
compilation, analysis, and reporting requirements under Article
2.134 if:

(1) during the calendar year preceding the date that a report under
Article 2.134 is required to be submitted:

(A) each law enforcement motor vehicle regularly used by an officer
employed by the agency to make traffic and pedestrian stops is
equipped with video camera and transmitter-activated equipment and
each law enforcement motorcycle regularly used to make traffic and
pedestrian stops is equipped with transmitter-activated equipment;
and

(B) each traffic and pedestrian stop made by an officer employed by
the agency that is capable of being recorded by video and audio or
audio equipment, as appropriate, is recorded by using the
equipment; or

(2) the governing body of the county or municipality served by the
law enforcement agency, in conjunction with the law enforcement
agency, certifies to the Department of Public Safety, not later
than the date specified by rule by the department, that the law
enforcement agency needs funds or video and audio equipment for the
purpose of installing video and audio equipment as described by
Subsection (a)(1)(A) and the agency does not receive from the state
funds or video and audio equipment sufficient, as determined by the
department, for the agency to accomplish that purpose.

(b) Except as otherwise provided by this subsection, a law
enforcement agency that is exempt from the requirements under
Article 2.134 shall retain the video and audio or audio
documentation of each traffic and pedestrian stop for at least 90
days after the date of the stop. If a complaint is filed with the
law enforcement agency alleging that a peace officer employed by
the agency has engaged in racial profiling with respect to a traffic
or pedestrian stop, the agency shall retain the video and audio or
audio record of the stop until final disposition of the complaint.

(c) This article does not affect the collection or reporting
requirements under Article 2.132.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.136. Liability

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.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.137. Provision of Funding or Equipment

(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 as described by
Article 2.135(a)(1)(A), including specifying criteria to
prioritize funding or equipment provided to law enforcement
agencies. The criteria may include consideration of tax effort,
financial hardship, available revenue, and budget surpluses. The
criteria must give priority to:

(1) law enforcement agencies that employ peace officers whose
primary duty is traffic enforcement;

(2) smaller jurisdictions; and

(3) municipal and county law enforcement agencies.

(b) The Department of Public Safety shall collaborate with an
institution of higher education to identify law enforcement
agencies that need funds or video and audio equipment for the
purpose of installing video and audio equipment as described by
Article 2.135(a)(1)(A). The collaboration may include the use of a
survey to assist in developing criteria to prioritize funding or
equipment provided to law enforcement agencies.

(c) To receive funds or video and audio equipment from the state for
the purpose of installing video and audio equipment as described by
Article 2.135(a)(1)(A), 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.

(d) On receipt of funds or video and audio equipment from the state
for the purpose of installing video and audio equipment as
described by Article 2.135(a)(1)(A), 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 installed
video and audio equipment as described by Article 2.135(a)(1)(A)
and is using the equipment as required by Article 2.135(a)(1).

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.138. Rules

The Department of Public Safety may adopt rules to implement
Articles 2.131-2.137.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.

Art. 2.14. [38] [45] [46] May summon aid

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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.15. [39] [46] [47] Person refusing to aid

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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.16. [40] [47] [48] Neglecting to execute process

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. The payment of such fine shall be enforced in the same
manner as fines for contempt in civil cases.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.17. [41] [48] [49] Conservator of the peace

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. He shall quell and suppress all assaults and
batteries, affrays, insurrections and unlawful assemblies. He
shall apprehend and commit to jail all offenders, until an
examination or trial can be had.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.18. [42] [50] [51] Custody of prisoners

When a prisoner is committed to jail by warrant from a magistrate or
court, he shall be placed in jail by the sheriff. 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.19. [43] [51] Report as to prisoners

On the first day of each month, the sheriff shall give notice, in
writing, to the district or county attorney, where there be one, as
to all prisoners in his custody, naming them, and of the authority
under which he detains them.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.20. [44] [54] [55] Deputy

Wherever a duty is imposed by this Code upon the sheriff, the same
duty may lawfully be performed by his deputy. 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.21. [45] [55] [56] Duty of clerks

(a) In a criminal proceeding, a clerk of the district or county
court shall:

(1) receive and file all papers;

(2) receive all exhibits at the conclusion of the proceeding;

(3) issue all process; and

(4) perform all other duties imposed on the clerk by law.

(b) At any time during or after a criminal proceeding, the court
reporter shall release to the sheriff for safekeeping any firearm
or contraband received by the court as an exhibit in that
proceeding.

(c) The sheriff shall receive and hold 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 of this code.

(d) In this article, "eligible exhibit" means an exhibit filed with
the clerk that:

(1) is not a firearm or contraband;

(2) has not been ordered by the court to be returned to its owner;
and

(3) is not an exhibit in another pending criminal action.

(e) An eligible exhibit may be disposed of as provided by this
article:

(1) on or after the first anniversary of the date on which a
conviction becomes final in the case, if the case is a misdemeanor
or a felony for which the sentence imposed by the court is five
years or less; or

(2) on or after the second anniversary of the date on which a
conviction becomes final in the case, if the case is a non-capital
felony for which the sentence imposed by the court is greater than
five years.

(f) A clerk in a county with a population of 1.7 million or more may
dispose of an eligible exhibit on the date provided by Subsection
(e) of this article if on that date 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.

(g) A clerk in a county with a population of less than 1.7 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.

(h) The notice under Subsection (g) of this article must:

(1) describe the eligible exhibit;

(2) give the name and address of the court holding the exhibit; and

(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.

(i) If a request is not received by a clerk covered by Subsection
(g) of this article before the 31st day after the date of notice,
the clerk may dispose of the eligible exhibit.

(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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 212, ch. 119, Sec. 1, eff. Aug.
27, 1979; Acts 1993, 73rd Leg., ch. 967, Sec. 1, eff. Sept. 1, 1993;
Subsecs. (a), (b) amended by Acts 1999, 76th Leg., ch. 580, Sec. 1,
eff. Sept. 1, 1999.

Art. 2.211. Hate Crime Reporting

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. The clerk shall make the
report required by this article not later than the 30th day after
the date the judgment is entered in the case.

Added by Acts 2001, 77th Leg., ch. 85, Sec. 4.01, eff. Sept. 1,
2001.

Art. 2.22. [46] [56] [57] Power of deputy clerks

Whenever a duty is imposed upon the clerk of the district or county
court, the same may be lawfully performed by his deputy.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.23. [47] [57] [58] Report to Attorney General

The clerks of the district and county courts shall, when required by
the Attorney General, report to him at such times, and in accordance
with such forms as he may direct, such information in relation to
criminal matters as may be shown by their records.

When any district clerk has failed, neglected or refused to make any
such report after being requested in writing by the Attorney
General to make such report, the Attorney General shall notify in
writing the Comptroller of Public Accounts of such failure, neglect
or refusal, and said Comptroller shall not thereafter draw any
warrant in favor of said clerk until said report has been filed with
the Attorney General.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.24. Authenticating officer

(a) The governor may appoint an authenticating officer, in
accordance with Subsection (b) of this article, and delegate to
that officer the power to sign for the governor or to use the
governor's facsimile signature for signing any document that does
not have legal effect under this code unless it is signed by the
governor.

(b) To appoint an authenticating officer under this article, the
governor shall file with the secretary of state a document that
contains:

(1) the name of the person to be appointed as authenticating officer
and a copy of the person's signature;

(2) the types of documents the authenticating officer is authorized
to sign for the governor; and

(3) the types of documents on which the authenticating officer is
authorized to use the governor's facsimile signature.

(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.

(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 __________."

(e) If a provision of this code requires the governor's signature on
a document before that document has legal effect, the authorized
signature of the authenticating officer or an authorized facsimile
signature of the governor gives the document the same legal effect
as if it had been signed manually by the governor.

Added by Acts 1983, 68th Leg., p. 4289, ch. 684, Sec. 1, eff. June
19, 1983.

Art. 2.25. Reporting Certain Aliens to Federal Government

A judge shall report to the United States Immigration and
Naturalization Service a person who has been convicted in the
judge's court of a crime or has been placed on deferred adjudication
for a felony and is an illegal criminal alien as defined by Section
493.015(a), Government Code.

Added by Acts 1995, 74th Leg., ch. 85, Sec. 2, eff. May 16, 1995.

Art. 2.26. Digital Signature

(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.

(b) An electronically transmitted document issued or received by a
court in a criminal matter is considered signed if a digital
signature is transmitted with the document.

(c) This section does not preclude any symbol from being valid as a
signature under other applicable law, including Section 1.201(39),
Business & Commerce Code.

(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.

Added by Acts 1999, 76th Leg., ch. 701, Sec. 1, eff. Aug. 30, 1999.

Art. 2.27. Investigation of Certain Reports Alleging Child Abuse

Text of section as amended by Acts 2003, 78th Leg., ch. 867, Sec. 2

On receipt of a report that is assigned the highest priority in
accordance with rules adopted by the Department of Protective and
Regulatory Services under Section 261.301(d), Family Code, and that
alleges an immediate risk of physical or sexual abuse of a child
that could result in the death of or serious harm to the child by a
person responsible for the care, custody, or welfare of the child, a
peace officer from the appropriate local law enforcement agency
shall investigate the report jointly with the department or with
the agency responsible for conducting an investigation under
Subchapter E, Chapter 261, Family Code. 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.

Added by Acts 2001, 77th Leg., ch. 492, Sec. 1, eff. Sept. 1, 2001;
amended by Acts 2003, 78th Leg., ch. 867, Sec. 2, eff. Sept. 1,
2003.

For text of section as amended by Acts 2003, 78th Leg., ch. 1210,
Sec. 5, see

Art. 2.27, post.

 

Art. 2.27. Investigation of Certain Reports Alleging Abuse

Text of section as amended by Acts 2003, 78th Leg., ch. 1210, Sec. 5

 

(a) On receipt of a report alleging serious physical or sexual abuse
of a child by a person responsible for the care, custody, or welfare
of the child, an investigator from the appropriate local law
enforcement agency shall investigate the report jointly with the
Department of Protective and Regulatory Services or with the agency
responsible for conducting an investigation under Subchapter E,
Chapter 261, Family Code.

(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.

Added by Acts 2001, 77th Leg., ch. 492, Sec. 1, eff. Sept. 1, 2001;
amended by Acts 2003, 78th Leg., ch. 1210, Sec. 5, eff. Sept. 1,
2003.

For text of section as amended by Acts 2003, 78th Leg., ch. 867,
Sec. 2, see

Art. 2.27, ante.

Art. 2.28. Duties Regarding Misused Identity

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:

(1) notify the person that:

(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

(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

(C) whether the agency was able to notify the person whose
identifying information was misused.

Added by Acts 2003, 78th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2003.

 

 

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