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AN ACT
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relating to authorizing the Department of Public Safety of the |
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State of Texas to establish a statewide program for the prevention |
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and detection of certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0208 to read as follows: |
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Sec. 411.0208. STATEWIDE PROGRAM FOR THE PREVENTION AND |
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DETECTION OF CERTAIN CRIMINAL OFFENSES. (a) The department may |
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establish a program throughout this state for preventing and |
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detecting: |
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(1) the unlawful possession or the unlawful and |
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imminent movement or transfer between this state and an adjacent |
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state or the United Mexican States of: |
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(A) firearms, in violation of Section 46.14, |
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Penal Code; |
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(B) controlled substances, in violation of |
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Chapter 481, Health and Safety Code; or |
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(C) currency, in violation of Section 34.02, |
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Penal Code; and |
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(2) the commission or imminent commission of the |
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offenses of smuggling of persons under Section 20.05, Penal Code, |
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and trafficking of persons under Section 20A.02, Penal Code, |
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occurring in this state or involving travel between this state and |
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an adjacent state or the United Mexican States. |
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(b) A peace officer participating in a program established |
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under this section must have reasonable suspicion or probable cause |
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to believe that firearms, controlled substances, or currency are |
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unlawfully possessed or being unlawfully and imminently moved or |
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transferred between this state and an adjacent state or the United |
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Mexican States or that an offense described by Subsection (a)(2) |
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has been committed or imminently will be committed, as applicable, |
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before exercising the officer's authority under the program, |
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including stopping a person or vehicle or coming into contact with a |
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person. |
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(c) In developing the program, the department shall |
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establish: |
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(1) clear guidelines and procedures to mitigate any |
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unnecessary negative impact on the flow of trade, commerce, or |
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daily business activities in locations where the program is |
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implemented; and |
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(2) protocols, standards, and guidelines to minimize |
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any intrusion on a person in an encounter with a peace officer |
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exercising the officer's authority under the program. |
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(d) The department shall implement the program established |
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under this section in conjunction with federal and local law |
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enforcement agencies. |
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(e) The director shall adopt rules as necessary to implement |
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and administer a program established under this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1853 passed the Senate on |
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April 30, 2015, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 28, 2015, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1853 passed the House, with |
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amendment, on May 22, 2015, by the following vote: Yeas 129, |
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Nays 11, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |