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.