HBA-MSH H.B. 1606 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1606
By: Puente
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

There are approximately 4,000 U.S. Border Patrol agents assigned to Texas.
Their duties include border surveillance, apprehension of persons who cross
the international border illegally, and operation of traffic checkpoints.
Local law enforcement agencies often request the assistance of border
patrol agents because of the resources at their disposal, including
helicopters, radar, and trained dogs.  However, under current law, border
patrol agents do not have the powers of arrest, search, and seizure, which
limits their use to local law enforcement.  House Bill 1606 grants the
powers of arrest, search, and seizure to border patrol agents, upon request
by a law enforcement agency. 

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. 

ANALYSIS

House Bill 1606 amends the Code of Criminal Procedure to grant to a border
patrol agent of the United States Department of Justice on the request of
any law enforcement agency of the state or political subdivision of the
state the powers of arrest, search, and seizure as to any conduct that
violates a penal law of this state punishable as a felony, regardless of
whether the violation may be disposed of in a criminal proceeding or a
juvenile justice proceeding. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.