HBA-DMD, RAR, BTC H.B. 165 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 165
By: Chisum
Public Safety
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislative Session, the City of Texhoma's municipal
police force was composed of officers commissioned and licensed by
Oklahoma, but not Texas. As a result, the Oklahoma officers were not able
to enforce city ordinances or Texas state law in the portion of the city
located on the Texas side of the state line. This legislation was requested
by the city, whose only law enforcement entity with jurisdiction in Texas
is the Sherman County Sheriff, located 20 miles away. Due to its small
size, the city was not able to afford a second police unit on the Texas
side. In addition, some houses were built on the Texas-Oklahoma line. There
has been dispute as to who has jurisdiction and to which state laws apply
to the residents. H.B 165 allows law enforcement agencies in another state
to enforce Texas laws in a municipality which is split between Texas and
another state only if the municipality on the Texas side allows such
enforcement. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 2.124, Code of Criminal Procedure, as follows:

Art. 2.124.  PEACE OFFICERS FROM ADJOINING STATES.  (a) Creates subsection
from existing text.  Makes nonsubstantive changes. 

(b) Establishes that a commissioned peace officer of an adjoining state of
the United States, while in this state, has the same powers, duties, and
immunities as a peace officer of this state while acting in an official
duty, but only in a municipality with municipal limits within one mile of
the boundary between this state and the adjoining state and only at a time
when the officer is regularly assigned to a duty in a county, parish, or
municipality adjoining this state. Authorizes the officer to enforce the
ordinances of a Texas municipality only after its governing body authorizes
such enforcement by a majority vote at an open meeting. 

SECTION 2.Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.