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.