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


Office of House Bill AnalysisH.B. 165
By: Chisum
Public Safety
2/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the City of Texhoma's municipal police force is composed of
officers commissioned and licensed by Oklahoma, but not Texas.  As a
result, the Oklahoma officers cannot enforce city ordinances or Texas state
law in the portion of the city located on the Texas side of the state line.
This legislation is 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 cannot afford a second police
unit on the Texas side.  In addition, some houses were built on the
TexasOklahoma 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 or a part of a municipality 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.