HBA-NMO H.B. 1907 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1907
By: Gutierrez
Criminal Jurisprudence
4/15/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Current law grants a U.S. Customs Service inspector or a border patrolman
or immigration officer of the U.S. Department of Justice (border patrol
officers) the authority to detain an individual while crossing the
Texas/Mexico border through a designated port of entry who is suspected of
committing certain intoxication offenses.  However, these same officers do
not have this authority at an established border patrol check point.  H.B.
1907 provides that a border patrol officer has the authority to detain an
individual at an established border patrol check point who is suspected of
committing certain intoxication offenses.   

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 2.122(c), Code of Criminal Procedure, to provide
that a customs inspector of the United States Customs Service or a border
patrolman or immigration officer of the United States Department of Justice
has the authority to detain a person suspected of committing certain
intoxication offenses, subject to certain conditions, at an established
border patrol traffic check point, in addition to a designated port of
entry. 

SECTION 2.Emergency clause.
  Effective date: upon passage. 

EXPLANATION OF AMENDMENTS

Committee Amendment #1

SECTION 1.  Amends proposed amendment to Article 2.122(c), Code of Criminal
Procedure, to designate a permanent established, rather than an
established, border patrol traffic checkpoint as a location at which a
customs inspector of the U.S. Customs Service or a border patrolman or
immigration officer of the U.S. Department of Justice has the authority to
detain persons suspected of committing certain intoxication offenses.