CHAPTER 2. GENERAL DUTIES OF OFFICERS

State Codes and Statutes

Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-2-general-duties-of-officers

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. Each district attorney

shall represent the State in all criminal cases in the district

courts of his district and in appeals therefrom, except in cases

where he has been, before his election, employed adversely. When

any criminal proceeding is had before an examining court in his

district or before a judge upon habeas corpus, and he is notified

of the same, and is at the time within his district, he shall

represent the State therein, unless prevented by other official

duties. It shall be the primary duty of all prosecuting

attorneys, including any special prosecutors, not to convict, but

to see that justice is done. They shall not suppress facts or

secrete witnesses capable of establishing the innocence of the

accused.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 98, eff.

Sept. 1, 1981.

Art. 2.02. DUTIES OF COUNTY ATTORNEYS. The county attorney shall

attend the terms of court in his county below the grade of

district court, and shall represent the State in all criminal

cases under examination or prosecution in said county; and in the

absence of the district attorney he shall represent the State

alone and, when requested, shall aid the district attorney in the

prosecution of any case in behalf of the State in the district

court. He shall represent the State in cases he has prosecuted

which are appealed.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 99, eff.

Sept. 1, 1981.

Art. 2.021. DUTIES OF ATTORNEY GENERAL. The attorney general

may offer to a county or district attorney the assistance of the

attorney general's office in the prosecution of an offense

described by Article 60.051(g) the victim of which is younger

than 17 years of age at the time the offense is committed. On

request of a county or district attorney, the attorney general

shall assist in the prosecution of an offense described by

Article 60.051(g) the victim of which is younger than 17 years of

age at the time the offense is committed. For purposes of this

article, assistance includes investigative, technical, and

litigation assistance of the attorney general's office.

Added by Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.02, eff. September 1, 2007.

Art. 2.022. ASSISTANCE OF TEXAS RANGERS. (a) The attorney

representing the state may request the Texas Rangers division of

the Department of Public Safety to provide assistance to a local

law enforcement agency investigating an offense that:

(1) is alleged to have been committed by an elected officer of

the political subdivision served by the local law enforcement

agency; and

(2) on conviction or adjudication, would subject the elected

officer to registration as a sex offender under Chapter 62.

(b) For purposes of this article, "assistance" includes

investigative, technical, and administrative assistance.

Added by Acts 2009, 81st Leg., R.S., Ch.

431, Sec. 1, eff. June 19, 2009.

Art. 2.025. SPECIAL DUTY OF DISTRICT OR COUNTY ATTORNEY RELATING

TO CHILD SUPPORT. If a district or county attorney receives

money from a person who is required by a court order to pay child

support through a local registry or the Title IV-D agency and the

money is presented to the attorney as payment for the

court-ordered child support, the attorney shall transfer the

money to the local registry or Title IV-D agency designated as

the place of payment in the child support order.

Added by Acts 1999, 76th Leg., ch. 40, Sec. 1, eff. Sept. 1,

1999.

Art. 2.03. NEGLECT OF DUTY. (a) It shall be the duty of the

attorney representing the State to present by information to the

court having jurisdiction, any officer for neglect or failure of

any duty enjoined upon such officer, when such neglect or failure

can be presented by information, whenever it shall come to the

knowledge of said attorney that there has been a neglect or

failure of duty upon the part of said officer; and he shall bring

to the notice of the grand jury any act of violation of law or

neglect or failure of duty upon the part of any officer, when

such violation, neglect or failure is not presented by

information, and whenever the same may come to his knowledge.

(b) It is the duty of the trial court, the attorney representing

the accused, the attorney representing the state and all peace

officers to so conduct themselves as to insure a fair trial for

both the state and the defendant, not impair the presumption of

innocence, and at the same time afford the public the benefits of

a free press.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1733, ch. 659, Sec. 3, eff. Aug. 28, 1967.

Art. 2.04. SHALL DRAW COMPLAINTS. Upon complaint being made

before a district or county attorney that an offense has been

committed in his district or county, he shall reduce the

complaint to writing and cause the same to be signed and sworn to

by the complainant, and it shall be duly attested by said

attorney.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.05. WHEN COMPLAINT IS MADE. If the offense be a

misdemeanor, the attorney shall forthwith prepare an information

based upon such complaint and file the same in the court having

jurisdiction; provided, that in counties having no county

attorney, misdemeanor cases may be tried upon complaint alone,

without an information, provided, however, in counties having one

or more criminal district courts an information must be filed in

each misdemeanor case. If the offense be a felony, he shall

forthwith file the complaint with a magistrate of the county.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.06. MAY ADMINISTER OATHS. For the purpose mentioned in

the two preceding Articles, district and county attorneys are

authorized to administer oaths.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.07. ATTORNEY PRO TEM. (a) Whenever an attorney for the

state is disqualified to act in any case or proceeding, is absent

from the county or district, or is otherwise unable to perform

the duties of his office, or in any instance where there is no

attorney for the state, the judge of the court in which he

represents the state may appoint any competent attorney to

perform the duties of the office during the absence or

disqualification of the attorney for the state.

(b) Except as otherwise provided by this subsection, if the

appointed attorney is also an attorney for the state, the duties

of the appointed office are additional duties of his present

office, and he is not entitled to additional compensation.

Nothing herein shall prevent a commissioners court of a county

from contracting with another commissioners court to pay expenses

and reimburse compensation paid by a county to an attorney for

the state who is appointed to perform additional duties.

(b-1) An attorney for the state who is not disqualified to act

may request the court to permit him to recuse himself in a case

for good cause and upon approval by the court is disqualified.

he is qualified to perform the duties of the office for the

period of absence or disqualification of the attorney for the

state on filing an oath with the clerk of the court. He shall

receive compensation in the same amount and manner as an attorney

appointed to represent an indigent person.

(d) In this article, "attorney for the state" means a county

attorney, a district attorney, or a criminal district attorney.

(e) In Subsections (b) and (c) of this article, "attorney for the

state" includes an assistant attorney general.

(f) In Subsection (a) of this article, "competent attorney"

includes an assistant attorney general.

(g) An attorney appointed under Subsection (a) of this article to

perform the duties of the office of an attorney for the state in

a justice or municipal court may be paid a reasonable fee for

performing those duties.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1733, ch. 659, Sec. 4, eff. Aug. 28, 1967;

Acts 1973, 63rd Leg., p. 356, ch. 154, Sec. 1, eff. May 23, 1973.

Subsec. (b) amended by and subsec. (b-1) added by Acts 1987, 70th

Leg., ch. 918, Sec. 1, eff. Aug. 31, 1987; Subsecs. (e), (f)

added by Acts 1995, 74th Leg., ch. 785, Sec. 1, eff. Sept. 1,

1995; Subsec. (g) added by Acts 1999, 76th Leg., ch. 1545, Sec.

1, eff. Sept. 1, 1999.

Art. 2.08. DISQUALIFIED. District and county attorneys shall not

be of counsel adversely to the State in any case, in any court,

nor shall they, after they cease to be such officers, be of

counsel adversely to the State in any case in which they have

been of counsel for the State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.09. WHO ARE MAGISTRATES. Each of the following officers

is a magistrate within the meaning of this Code: The justices of

the Supreme Court, the judges of the Court of Criminal Appeals,

the justices of the Courts of Appeals, the judges of the District

Court, the magistrates appointed by the judges of the district

courts of Bexar County, Dallas County, or Tarrant County that

give preference to criminal cases, the criminal law hearing

officers for Harris County appointed under Subchapter L, Chapter

54, Government Code, the criminal law hearing officers for

Cameron County appointed under Subchapter BB, Chapter 54,

Government Code, the magistrates appointed by the judges of the

district courts of Lubbock County, Nolan County, or Webb County,

the magistrates appointed by the judges of the criminal district

courts of Dallas County or Tarrant County, the masters appointed

by the judges of the district courts and the county courts at law

that give preference to criminal cases in Jefferson County, the

magistrates appointed by the judges of the district courts and

the statutory county courts of Brazos County, Nueces County, or

Williamson County, the magistrates appointed by the judges of the

district courts and statutory county courts that give preference

to criminal cases in Travis County, the criminal magistrates

appointed by the Brazoria County Commissioners Court, the county

judges, the judges of the county courts at law, judges of the

county criminal courts, the judges of statutory probate courts,

the associate judges appointed by the judges of the statutory

probate courts under Subchapter G, Chapter 54, Government Code,

the associate judges appointed by the judge of a district court

under Subchapter II, Chapter 54, Government Code, the justices of

the peace, and the mayors and recorders and the judges of the

municipal courts of incorporated cities or towns.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 100, eff.

Sept. 1, 1981; Acts 1983, 68th Leg., p. 883, ch. 204, Sec. 1,

eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 25, Sec. 2, eff.

Aug. 28, 1989; Acts 1989, 71st Leg., ch. 79, Sec. 1, eff. May 15,

1989; Acts 1989, 71st Leg., ch. 916, Sec. 1, eff. Sept. 1, 1989;

Acts 1989, 71st Leg., ch. 1068, Sec. 2, eff. Aug. 28, 1989; Acts

1991, 72nd Leg., ch. 16, Sec. 4.01, eff. Aug. 26, 1991; Acts

1993, 73rd Leg., ch. 224, Sec. 2, eff. Aug. 30, 1993; Acts 1993,

73rd Leg., ch. 413, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd

Leg., ch. 468, Sec. 1, eff. June 9, 1993; Acts 1993, 73rd Leg.,

ch. 577, Sec. 2, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch.

586, Sec. 2, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1503,

Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 979, Sec.

1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1066, Sec. 9,

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

109, Sec. 2, eff. May 20, 2005.

Acts 2005, 79th Leg., Ch.

767, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1331, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1141, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

646, Sec. 2, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

964, Sec. 2, eff. June 19, 2009.

Art. 2.10. DUTY OF MAGISTRATES. It is the duty of every

magistrate to preserve the peace within his jurisdiction by the

use of all lawful means; to issue all process intended to aid in

preventing and suppressing crime; to cause the arrest of

offenders by the use of lawful means in order that they may be

brought to punishment.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.11. EXAMINING COURT. When the magistrate sits for the

purpose of inquiring into a criminal accusation against any

person, this is called an examining court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace

officers:

(1) sheriffs, their deputies, and those reserve deputies who

hold a permanent peace officer license issued under Chapter 1701,

Occupations Code;

(2) constables, deputy constables, and those reserve deputy

constables who hold a permanent peace officer license issued

under Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city, town,

or village, and those reserve municipal police officers who hold

a permanent peace officer license issued under Chapter 1701,

Occupations Code;

(4) rangers and officers commissioned by the Public Safety

Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal district

attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage

Commission;

(7) each member of an arson investigating unit commissioned by a

city, a county, or the state;

(8) officers commissioned under Section 37.081, Education Code,

or Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services Commission;

(10) law enforcement officers commissioned by the Parks and

Wildlife Commission;

(11) airport police officers commissioned by a city with a

population of more than 1.18 million that operates an airport

that serves commercial air carriers;

(12) airport security personnel commissioned as peace officers

by the governing body of any political subdivision of this state,

other than a city described by Subdivision (11), that operates an

airport that serves commercial air carriers;

(13) municipal park and recreational patrolmen and security

officers;

(14) security officers and investigators commissioned as peace

officers by the comptroller;

(15) officers commissioned by a water control and improvement

district under Section 49.216, Water Code;

(16) officers commissioned by a board of trustees under Chapter

54, Transportation Code;

(17) investigators commissioned by the Texas Medical Board;

(18) officers commissioned by the board of managers of the

Dallas County Hospital District, the Tarrant County Hospital

District, or the Bexar County Hospital District under Section

281.057, Health and Safety Code;

(19) county park rangers commissioned under Subchapter E,

Chapter 351, Local Government Code;

(20) investigators employed by the Texas Racing Commission;

(21) officers commissioned under Chapter 554, Occupations Code;

(22) officers commissioned by the governing body of a

metropolitan rapid transit authority under Section 451.108,

Transportation Code, or by a regional transportation authority

under Section 452.110, Transportation Code;

(23) investigators commissioned by the attorney general under

Section 402.009, Government Code;

(24) security officers and investigators commissioned as peace

officers under Chapter 466, Government Code;

(25) an officer employed by the Department of State Health

Services under Section 431.2471, Health and Safety Code;

(26) officers appointed by an appellate court under Subchapter

F, Chapter 53, Government Code;

(27) officers commissioned by the state fire marshal under

Chapter 417, Government Code;

(28) an investigator commissioned by the commissioner of

insurance under Section 701.104, Insurance Code;

(29) apprehension specialists and inspectors general

commissioned by the Texas Youth Commission as officers under

Sections 61.0451 and 61.0931, Human Resources Code;

(30) officers appointed by the inspector general of the Texas

Department of Criminal Justice under Section 493.019, Government

Code;

(31) investigators commissioned by the Commission on Law

Enforcement Officer Standards and Education under Section

1701.160, Occupations Code;

(32) commission investigators commissioned by the Texas Private

Security Board under Section 1702.061(f), Occupations Code;

(33) the fire marshal and any officers, inspectors, or

investigators commissioned by an emergency services district

under Chapter 775, Health and Safety Code;

(34) officers commissioned by the State Board of Dental

Examiners under Section 254.013, Occupations Code, subject to the

limitations imposed by that section;

(35) investigators commissioned by the Texas Juvenile Probation

Commission as officers under Section 141.055, Human Resources

Code; and

(36) the fire marshal and any related officers, inspectors, or

investigators commissioned by a county under Subchapter B,

Chapter 352, Local Government Code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1734, ch. 659, Sec. 5, eff. Aug. 28, 1967;

Acts 1971, 62nd Leg., p. 1116, ch. 246, Sec. 3, eff. May 17,

1971; Acts 1973, 63rd Leg., p. 9, ch. 7, Sec. 2, eff. Aug. 27,

1973; Acts 1973, 63rd Leg., p. 1259, ch. 459, Sec. 1, eff. Aug.

27, 1973; Acts 1975, 64th Leg., p. 480, ch. 204, Sec. 1, eff.

Sept. 1, 1975; Acts 1977, 65th Leg., p. 618, ch. 227, Sec. 2,

eff. May 24, 1977; Acts 1977, 65th Leg., p. 1082, ch. 396, Sec.1,

eff. Aug. 29, 1977.

Amended by Acts 1983, 68th Leg., p. 545, ch. 114, Sec. 1, eff.

May 17, 1983; Acts 1983, 68th Leg., p. 4358, ch. 699, Sec. 11,

eff. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. 867, Sec.

2, eff. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. 974,

Sec. 11, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 384, Sec.

2, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 907, Sec. 6,

eff. Sept. 1, 1985; Acts 1986, 69th Leg., 2nd C.S., ch. 19, Sec.

4, eff. Dec. 4, 1986; Acts 1987, 70th Leg., ch. 262, Sec. 20,

eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 350, Sec. 1, eff.

Aug. 31, 1987; Acts 1989, 71st Leg., ch. 277, Sec. 4, eff. June

14, 1989; Acts 1989, 71st Leg., ch. 794, Sec. 1, eff. Aug. 28,

1989; Acts 1989, 71st Leg., ch. 1104, Sec. 4, eff. June 16, 1989;

Acts 1991, 72nd Leg., ch. 16, Sec. 4.02, eff. Aug. 26, 1991; Acts

1991, 72nd Leg., ch. 228, Sec. 1, eff. Sept. 1, 1991; Acts 1991,

72nd Leg., ch. 287, Sec. 24, eff. Sept. 1, 1991; Acts 1991, 72nd

Leg., ch. 386, Sec. 70, eff. Aug. 26, 1991; Acts 1991, 72nd Leg.,

ch. 446, Sec. 1, eff. June 11, 1991; Acts 1991, 72nd Leg., ch.

544, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 545,

Sec. 2, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 597, Sec.

57, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 853, Sec. 2,

eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec.

6; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 3.01, eff. Nov.

12, 1991; Acts 1993, 73rd Leg., ch. 107, Sec. 4.07, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 116, Sec. 1, eff. Aug. 30, 1993;

Acts 1993, 73rd Leg., ch. 339, Sec. 2, eff. Sept. 1, 1993; Acts

1993, 73rd Leg., ch. 695, Sec. 2, eff. Sept. 1, 1993; Acts 1993,

73rd Leg., ch. 912, Sec. 25, eff. Sept. 1, 1993; Acts 1995, 74th

Leg., ch. 260, Sec. 10, eff. May 30, 1995; Acts 1995, 74th Leg.,

ch. 621, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch.

729, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1423,

Sec. 4.01, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 90, Sec.

1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 322, Sec. 2,

eff. May 29, 1999; Acts 1999, 76th Leg., ch. 882, Sec. 2, eff.

June 18, 1999; Acts 1999, 76th Leg., ch. 974, Sec. 37, eff. Sept.

1, 1999; Acts 2001, 77th Leg., ch. 272, Sec. 7, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 442, Sec. 1, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 669, Sec. 8, eff. Sept. 1, 2001; Acts

2001, 77th Leg., ch. 1420, Sec. 3.001, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 235, Sec. 16, eff. Sept. 1, 2003; Acts 2003,

78th Leg., ch. 474, Sec. 1, eff. June 20, 2003; Acts 2003, 78th

Leg., ch. 930, Sec. 12, eff. Sept. 1, 2003.

Reenacted and amended by Acts 2005, 79th Leg., Ch.

728, Sec. 4.001, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

908, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1164, Sec. 1, eff. June 19, 2009.

Art. 2.121. RAILROAD PEACE OFFICERS. (a) The director of the

Department of Public Safety may appoint up to 250 railroad peace

officers who are employed by a railroad company to aid law

enforcement agencies in the protection of railroad property and

the protection of the persons and property of railroad passengers

and employees.

(b) Except as provided by Subsection (c) of this article, a

railroad peace officer may make arrests and exercise all

authority given peace officers under this code when necessary to

prevent or abate the commission of an offense involving injury to

passengers and employees of the railroad or damage to railroad

property or to protect railroad property or property in the

custody or control of the railroad.

a violation of Chapter 521, Transportation Code, or Subtitle C,

Title 7, Transportation Code.

(d) A railroad peace officer is not entitled to state benefits

normally provided by the state to a peace officer.

(e) A person may not serve as a railroad peace officer for a

railroad company unless:

(1) the Texas Railroad Association submits the person's

application for appointment and certification as a railroad peace

officer to the director of the Department of Public Safety and to

the executive director of the Commission on Law Enforcement

Officer Standards and Education;

(2) the director of the department issues the person a

certificate of authority to act as a railroad peace officer; and

(3) the executive director of the commission determines that the

person meets minimum standards required of peace officers by the

commission relating to competence, reliability, education,

training, morality, and physical and mental health and issues the

person a license as a railroad peace officer; and

(4) the person has met all standards for certification as a peace

officer by the Commission on Law Enforcement Officer Standards

and Education.

(f) For good cause, the director of the department may revoke a

certificate of authority issued under this article and the

executive director of the commission may revoke a license issued

under this article. Termination of employment with a railroad

company, or the revocation of a railroad peace officer license,

shall constitute an automatic revocation of a certificate of

authority to act as a railroad peace officer.

(g) A railroad company is liable for any act or omission by a

person serving as a railroad peace officer for the company that

is within the person's scope of employment. Neither the state nor

any political subdivision or agency of the state shall be liable

for any act or omission by a person appointed as a railroad peace

officer. All expenses incurred by the granting or revocation of a

certificate of authority to act as a railroad peace officer shall

be paid by the employing railroad company.

(h) A railroad peace officer who is a member of a railroad craft

may not perform the duties of a member of any other railroad

craft during a strike or labor dispute.

(i) The director of the department and the executive director of

the commission shall have the authority to promulgate rules

necessary for the effective administration and performance of the

duties and responsibilities delegated to them by this article.

Added by Acts 1985, 69th Leg., ch. 531, Sec. 1, eff. June 12,

1985. Subsec. (c) amended by Acts 1999, 76th Leg., ch. 62, Sec.

3.01, eff. Sept. 1, 1999.

Art. 2.122. SPECIAL INVESTIGATORS. (a) The following named

criminal investigators of the United States shall not be deemed

peace officers, but shall have the powers of arrest, search and

seizure as to felony offenses only under the laws of the State of

Texas:

(1) Special Agents of the Federal Bureau of Investigation;

(2) Special Agents of the Secret Service;

(3) Special Agents of the United States Immigration and Customs

Enforcement;

(4) Special Agents of Alcohol, Tobacco and Firearms;

(5) Special Agents of Federal Drug Enforcement Agency;

(6) Inspectors of the United States Postal Service;

(7) Special Agents of the Criminal Investigation Division and

Inspectors of the Internal Security Division of the Internal

Revenue Service;

(8) Civilian Special Agents of the United States Naval

Investigative Service;

(9) Marshals and Deputy Marshals of the United States Marshals

Service;

(10) Special Agents of the United States Citizenship and

Immigration Services; and

(11) Special Agents of the United States Department of State,

Bureau of Diplomatic Security.

(b) A person designated as a special policeman by the Federal

Protective Services division of the General Services

Administration under 40 U.S.C. Section 318 or 318d is not a peace

officer but has the powers of arrest and search and seizure as to

any offense under the laws of this state.

Customs and Border Protection or a Border Patrol agent,

immigration enforcement agent, or deportation officer of the

Department of Homeland Security is not a peace officer under the

laws of this state but, on the premises of a port facility

designated by the commissioner of the United States Customs and

Border Protection as a port of entry for arrival in the United

States by land transportation from the United Mexican States into

the State of Texas or at a permanent established border patrol

traffic check point, has the authority to detain a person pending

transfer without unnecessary delay to a peace officer if the

agent or officer has probable cause to believe that the person

has engaged in conduct that is a violation of Section 49.02,

49.04, 49.07, or 49.08, Penal Code, regardless of whether the

violation may be disposed of in a criminal proceeding or a

juvenile justice proceeding.

(d) A commissioned law enforcement officer of the National Park

Service is not a peace officer under the laws of this state,

except that the officer has the powers of arrest, search, and

seizure as to any offense under the laws of this state committed

within the boundaries of a national park or national recreation

area. In this subsection, "national park or national recreation

area" means a national park or national recreation area included

in the National Park System as defined by 16 U.S.C. Section

1c(a).

(e) A Special Agent or Law Enforcement Officer of the United

States Forest Service is not a peace officer under the laws of

this state, except that the agent or officer has the powers of

arrest, search, and seizure as to any offense under the laws of

this state committed within the National Forest System. In this

subsection, "National Forest System" has the meaning assigned by

16 U.S.C. Section 1609.

(f) Security personnel working at a commercial nuclear power

plant, including contract security personnel, trained and

qualified under a security plan approved by the United States

Nuclear Regulatory Commission, are not peace officers under the

laws of this state, except that such personnel have the powers of

arrest, search, and seizure, including the powers under Section

9.51, Penal Code, while in the performance of their duties on the

premises of a commercial nuclear power plant site or under

agreements entered into with local law enforcement regarding

areas surrounding the plant site.

(g) In addition to the powers of arrest, search, and seizure

under Subsection (a), a Special Agent of the Secret Service

protecting a person described by 18 U.S.C. Section 3056(a) or

investigating a threat against a person described by 18 U.S.C.

Section 3056(a) has the powers of arrest, search, and seizure as

to:

(1) misdemeanor offenses under the laws of this state; and

(2) any criminal offense under federal law.

Added by Acts 1985, 69th Leg., ch. 543, Sec. 1, eff. Sept. 1,

1985. Renumbered from art. 2.121 and amended by Acts 1987, 70th

Leg., ch. 503, Sec. 1, eff. Aug. 31, 1987; Acts 1987, 70th Leg.,

ch. 854, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1989, 71st

Leg., ch. 841, Sec. 1, eff. June 14, 1989; Acts 1993, 73rd Leg.,

ch. 927, Sec. 1, eff. June 19, 1993; Subsec. (a) amended by Acts

1997, 75th Leg., ch. 717, Sec. 1, eff. June 17, 1997; Subsec. (c)

added by Acts 1997, 75th Leg., ch. 290, Sec. 1, eff. May 26,

1997; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 197, Sec.

1, eff. May 24, 1999; Subsec. (c) amended by Acts 1999, 76th

Leg., ch. 863, Sec. 1, eff. June 18, 1999; Subsec. (d) added by

Acts 1999, 76th Leg., ch. 197, Sec. 1, eff. May 24, 1999; added

by Acts 1999, 76th Leg., ch. 628, Sec. 1, eff. June 18, 1999;

Subsec. (e) relettered from subsec. (d) by Acts 2001, 77th Leg.,

ch. 1420, Sec. 21.001(7), eff. Sept. 1, 2001; Subsec. (f) added

by Acts 2003, 78th Leg., ch. 1237, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1337, Sec. 5, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch.

732, Sec. 1, eff. September 1, 2009.

Art. 2.123. ADJUNCT POLICE OFFICERS. (a) Within counties under

200,000 population, the chief of police of a municipality or the

sheriff of the county, if the institution is outside the

corporate limits of a municipality, that has jurisdiction over

the geographical area of a private institution of higher

education, provided the governing board of such institution

consents, may appoint up to 50 peace officers who are

commissioned under Section 51.212, Education Code, and who are

employed by a private institution of higher education located in

the municipality or county, to serve as adjunct police officers

of the municipality or county. Officers appointed under this

article shall aid law enforcement agencies in the protection of

the municipality or county in a geographical area that is

designated by agreement on an annual basis between the appointing

chief of police or sheriff and the private institution.

(b) The geographical area that is subject to designation under

Subsection (a) of this article may include only the private

institution's campus area and an area that:

(1) is adjacent to the campus of the private institution;

(2) does not extend further than a distance of one mile from the

perimeter of the campus of the private institution; and

(3) is inhabited primarily by students or employees of the

private institution.

arrests and exercise all authority given peace officers under

this code only within the geographical area designated by

agreement between the appointing chief of police or sheriff and

the private institution.

(d) A peace officer serving as an adjunct police officer has all

the rights, privileges, and immunities of a peace officer but is

not entitled to state compensation and retirement benefits

normally provided by the state to a peace officer.

(e) A person may not serve as an adjunct police officer for a

municipality or county unless:

(1) the institution of higher education submits the person's

application for appointment and certification as an adjunct

police officer to the chief of police of the municipality or, if

outside a municipality, the sheriff of the county that has

jurisdiction over the geographical area of the institution;

(2) the chief of police of the municipality or sheriff of the

county to whom the application was made issues the person a

certificate of authority to act as an adjunct police officer; and

(3) the person undergoes any additional training required for

that person to meet the training standards of the municipality or

county for peace officers employed by the municipality or county.

(f) For good cause, the chief of police or sheriff may revoke a

certificate of authority issued under this article.

(g) A private institution of higher education is liable for any

act or omission by a person while serving as an adjunct police

officer outside of the campus of the institution in the same

manner as the municipality or county governing that geographical

area is liable for any act or omission of a peace officer

employed by the municipality or county. This subsection shall not

be construed to act as a limitation on the liability of a

municipality or county for the acts or omissions of a person

serving as an adjunct police officer.

(h) The employing institution shall pay all expenses incurred by

the municipality or county in granting or revoking a certificate

of authority to act as an adjunct police officer under this

article.

(i) This article does not affect any duty of the municipality or

county to provide law enforcement services to a geographical area

designated under Subsection (a) of this article.

Added by Acts 1987, 70th Leg., ch. 1128, Sec. 1, eff. Aug. 31,

1987.

Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. (a) A

commissioned peace officer of a state of the United States of

America adjoining this state, while the officer is in this state,

has under this subsection the same powers, duties, and immunities

as a peace officer of this state who is acting in the discharge

of an official duty, but only:

(1) during a time in which:

(A) the peace officer from the adjoining state has physical

custody of an inmate or criminal defendant and is transporting

the inmate or defendant from a county in the adjoining state that

is on the border between the two states to a hospital or other

medical facility in a county in this state that is on the border

between the two states; or

(B) the peace officer has physical custody of the inmate or

defendant and is returning the inmate or defendant from the

hospital or facility to the county in the adjoining state; and

(2) to the extent necessary to:

(A) maintain physical custody of the inmate or defendant while

transporting the inmate or defendant; or

(B) regain physical custody of the inmate or defendant if the

inmate or defendant escapes while being transported.

(b) A commissioned peace officer of a state of the United States

of America adjoining this state, while the officer is in this

state, has under this subsection the same powers, duties, and

immunities as a peace officer of this state who is acting in the

discharge of an official duty, but only in a municipality some

part of the municipal limits of which are within one mile of the

boundary between this state and the adjoining state and only at a

time the peace officer is regularly assigned to duty in a county,

parish, or municipality that adjoins this state. A peace officer

described by this subsection may also as part of the officer's

powers in this state enforce the ordinances of a Texas

municipality described by this subsection but only after the

governing body of the municipality authorizes that enforcement by

majority vote at an open meeting.

Added by Acts 1995, 74th Leg., ch. 156, Sec. 1, eff. May 19,

1995. Amended by Acts 1999, 76th Leg., ch. 107, Sec. 1, eff.

Sept. 1, 1999.

Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE

RAISERS ASSOCIATION. (a) The director of the Department of

Public Safety may appoint up to 50 special rangers who are

employed by the Texas and Southwestern Cattle Raisers Association

to aid law enforcement agencies in the investigation of the theft

of livestock or related property.

(b) Except as provided by Subsection (c) of this article, a

special ranger may make arrests and exercise all authority given

peace officers under this code when necessary to prevent or abate

the commission of an offense involving livestock or related

property.

violation of Chapter 521, Transportation Code, or Subtitle C,

Title 7, Transportation Code.

(d) A special ranger is not entitled to state benefits normally

provided by the state to a peace officer.

(e) A person may not serve as a special ranger unless:

(1) the Texas and Southwestern Cattle Raisers Association

submits the person's application for appointment and

certification as a special ranger to the director of the

Department of Public Safety and to the executive director of the

Commission on Law Enforcement Officer Standards and Education;

(2) the director of the department issues the person a

certificate of authority to act as a special ranger;

(3) the executive director of the commission determines that the

person meets minimum standards required of peace officers by the

commission relating to competence, reliability, education,

training, morality, and physical and mental health and issues the

person a license as a special ranger; and

(4) the person has met all standards for certification as a

peace officer by the Commission on Law Enforcement Officer

Standards and Education.

(f) For good cause, the director of the department may revoke a

certificate of authority issued under this article and the

executive director of the commission may revoke a license issued

under this article. Termination of employment with the

association, or the revocation of a special ranger license, shall

constitute an automatic revocation of a certificate of authority

to act as a special ranger.

(g) The Texas and Southwestern Cattle Raisers Association is

liable for any act or omission by a person serving as a special

ranger for the association that is within the person's scope of

employment. Neither the state nor any political subdivision or

agency of the state shall be liable for any act or omission by a

person appointed as a special ranger. All expenses incurred by

the granting or revocation of a certificate of authority to act

as a special ranger shall be paid by the association.

(h) The director of the department and the executive director of

the commission shall have the authority to promulgate rules

necessary for the effective administration and performance of the

duties and responsibilities delegated to them by this article.

Added by Acts 2005, 79th Leg., Ch.

209, Sec. 1, eff. September 1, 2005.

Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every peace

officer to preserve the peace within the officer's jurisdiction.

To effect this purpose, the officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code,

interfere without warrant to prevent or suppress crime;

(2) execute all lawful process issued to the officer by any

magistrate or court;

(3) give notice to some magistrate of all offenses committed

within the officer's jurisdiction, where the officer has good

reason to believe there has been a violation of the penal law;

and

(4) arrest offenders without warrant in every case where the

officer is authorized by law, in order that they may be taken

before the proper magistrate or court and be tried.

under Article 63.009(g).

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1999, 76th Leg., ch. 685, Sec. 1, eff. Sept. 1,

1999; Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec.

5.0005, eff. Sept. 1, 2003.

Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not

engage in racial profiling.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In

this article:

(1) "Law enforcement agency" means an agency of the state, or of

a county, municipality, or other political subdivision of the

state, that employs peace officers who make motor vehicle stops

in the routine performance of the officers' official duties.

(2) "Motor vehicle stop" means an occasion in which a peace

officer stops a motor vehicle for an alleged violation of a law

or ordinance.

(3) "Race or ethnicity" means of a particular descent, including

Caucasian, African, Hispanic, Asian, Native American, or Middle

Eastern descent.

(b) Each law enforcement agency in this state shall adopt a

detailed written policy on racial profiling. The policy must:

(1) clearly define acts constituting racial profiling;

(2) strictly prohibit peace officers employed by the agency from

engaging in racial profiling;

(3) implement a process by which an individual may file a

complaint with the agency if the individual believes that a peace

officer employed by the agency has engaged in racial profiling

with respect to the individual;

(4) provide public education relating to the agency's complaint

process;

(5) require appropriate corrective action to be taken against a

peace officer employed by the agency who, after an investigation,

is shown to have engaged in racial profiling in violation of the

agency's policy adopted under this article;

(6) require collection of information relating to motor vehicle

stops in which a citation is issued and to arrests made as a

result of those stops, including information relating to:

(A) the race or ethnicity of the individual detained;

(B) whether a search was conducted and, if so, whether the

individual detained consented to the search; and

individual detained before detaining that individual; and

(7) require the chief administrator of the agency, regardless of

whether the administrator is elected, employed, or appointed, to

submit an annual report of the information collected under

Subdivision (6) to:

(A) the Commission on Law Enforcement Officer Standards and

Education; and

(B) the governing body of each county or municipality served by

the agency, if the agency is an agency of a county, municipality,

or other political subdivision of the state.

of this article shall not constitute prima facie evidence of

racial profiling.

(d) On adoption of a policy under Subsection (b), a law

enforcement agency shall examine the feasibility of installing

video camera and transmitter-activated equipment in each agency

law enforcement motor vehicle regularly used to make motor

vehicle stops and transmitter-activated equipment in each agency

law enforcement motorcycle regularly used to make motor vehicle

stops. If a law enforcement agency installs video or audio

equipment as provided by this subsection, the policy adopted by

the agency under Subsection (b) must include standards for

reviewing video and audio documentation.

(e) A report required under Subsection (b)(7) may not include

identifying information about a peace officer who makes a motor

vehicle stop or about an individual who is stopped or arrested by

a peace officer. This subsection does not affect the collection

of information as required by a policy under Subsection (b)(6).

(f) On the commencement of an investigation by a law enforcement

agency of a complaint described by Subsection (b)(3) in which a

video or audio recording of the occurrence on which the complaint

is based was made, the agency shall promptly provide a copy of

the recording to the peace officer who is the subject of the

complaint on written request by the officer.

(g) On a finding by the Commission on Law Enforcement Officer

Standards and Education that the chief administrator of a law

enforcement agency intentionally failed to submit a report

required under Subsection (b)(7), the commission shall begin

disciplinary procedures against the chief administrator.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 25, eff. September 1, 2009.

Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In

this article, "race or ethnicity" has the meaning assigned by

Article 2.132(a).

(b) A peace officer who stops a motor vehicle for an alleged

violation of a law or ordinance shall report to the law

enforcement agency that employs the officer information relating

to the stop, including:

(1) a physical description of any person operating the motor

vehicle who is detained as a result of the stop, including:

(A) the person's gender; and

(B) the person's race or ethnicity, as stated by the person or,

if the person does not state the person's race or ethnicity, as

determined by the officer to the best of the officer's ability;

(2) the initial reason for the stop;

(3) whether the officer conducted a search as a result of the

stop and, if so, whether the person detained consented to the

search;

(4) whether any contraband or other evidence was discovered in

the course of the search and a description of the contraband or

evidence;

(5) the reason for the search, including whether:

(A) any contraband or other evidence was in plain view;

(B) any probable cause or reasonable suspicion existed to

perform the search; or

motor vehicle or the arrest of any person in the motor vehicle;

(6) whether the officer made an arrest as a result of the stop

or the search, including a statement of whether the arrest was

based on a violation of the Penal Code, a violation of a traffic

law or ordinance, or an outstanding warrant and a statement of

the offense charged;

(7) the street address or approximate location of the stop; and

(8) whether the officer issued a written warning or a citation

as a result of the stop.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 26, eff. September 1, 2009.

Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.

(a) In this article:

(1) "Motor vehicle stop" has the meaning assigned by Article

2.132(a).

(2) "Race or ethnicity" has the meaning assigned by Article

2.132(a).

(b) A law enforcement agency shall compile and analyze the

information contained in each report received by the agency under

Article 2.133. Not later than March 1 of each year, each law

enforcement agency shall submit a report containing the

incident-based data compiled during the previous calendar year to

the Commission on Law Enforcement Officer Standards and Education

and, if the law enforcement agency is a local law enforcement

agency, to the governing body of each county or municipality

served by the agency.

the chief administrator of the law enforcement agency, regardless

of whether the administrator is elected, employed, or appointed,

and must include:

(1) a comparative analysis of the information compiled under

Article 2.133 to:

(A) evaluate and compare the number of motor vehicle stops,

within the applicable jurisdiction, of persons who are recognized

as racial or ethnic minorities and persons who are not recognized

as racial or ethnic minorities; and

(B) examine the disposition of motor vehicle stops made by

officers employed by the agency, categorized according to the

race or ethnicity of the affected persons, as appropriate,

including any searches resulting from stops within the applicable

jurisdiction; and

(2) information relating to each complaint filed with the agency

alleging that a peace officer employed by the agency has engaged

in racial profiling.

(d) A report required under Subsection (b) may not include

identifying information about a peace officer who makes a motor

vehicle stop or about an individual who is stopped or arrested by

a peace officer. This subsection does not affect the reporting

of information required under Article 2.133(b)(1).

(e) The Commission on Law Enforcement Officer Standards and

Education, in accordance with Section 1701.162, Occupations Code,

shall develop guidelines for compiling and reporting information

as required by this article.

(f) The data collected as a result of the reporting requirements

of this article shall not constitute prima facie evidence of

racial profiling.

(g) On a finding by the Commission on Law Enforcement Officer

Standards and Education that the chief administrator of a law

enforcement agency intentionally failed to submit a report

required under Subsection (b), the commission shall begin

disciplinary procedures against the chief administrator.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 27, eff. September 1, 2009.

Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO

EQUIPMENT. (a) A peace officer is exempt from the reporting

requirement under Article 2.133 and the chief administrator of a

law enforcement agency, regardless of whether the administrator

is elected, employed, or appointed, is exempt from the

compilation, analysis, and reporting requirements under Article

2.134 if:

(1) during the calendar year preceding the date that a report

under Article 2.134 is required to be submitted:

(A) each law enforcement motor vehicle regularly used by an

officer employed by the agency to make motor vehicle stops is

equipped with video camera and transmitter-activated equipment

and each law enforcement motorcycle regularly used to make motor

vehicle stops is equipped with transmitter-activated equipment;

and

(B) each motor vehicle stop made by an officer employed by the

agency that is capable of being recorded by video and audio or

audio equipment, as appropriate, is recorded by using the

equipment; or

(2) the governing body of the county or municipality served by

the law enforcement agency, in conjunction with the law

enforcement agency, certifies to the Department of Public Safety,

not later than the date specified by rule by the department, that

the law enforcement agency needs funds or video and audio

equipment for the purpose of installing video and audio equipment

as described by Subsection (a)(1)(A) and the agency does not

receive from the state funds or video and audio equipment

sufficient, as determined by the department, for the agency to

accomplish that purpose.

(b) Except as otherwise provided by this subsection, a law

enforcement agency that is exempt from the requirements under

Article 2.134 shall retain the video and audio or audio

documentation of each motor vehicle stop for at least 90 days

after the date of the stop. If a complaint is filed with the law

enforcement agency alleging that a peace officer employed by the

agency has engaged in racial profiling with respect to a motor

vehicle stop, the agency shall retain the video and audio or

audio record of the stop until final disposition of the

complaint.

requirements under Article 2.132.

(d) In this article, "motor vehicle stop" has the meaning

assigned by Article 2.132(a).

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 28, eff. September 1, 2009.

Art. 2.136. LIABILITY. A peace officer is not liable for damages

arising from an act relating to the collection or reporting of

information as required by Article 2.133 or under a policy

adopted under Article 2.132.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The

Department of Public Safety shall adopt rules for providing funds

or video and audio equipment to law enforcement agencies for the

purpose of installing video and audio equipment as described by

Article 2.135(a)(1)(A), including specifying criteria to

prioritize funding or equipment provided to law enforcement

agencies. The criteria may include consideration of tax effort,

financial hardship, available revenue, and budget surpluses. The

criteria must give priority to:

(1) law enforcement agencies that employ peace officers whose

primary duty is traffic enforcement;

(2) smaller jurisdictions; and

(3) municipal and county law enforcement agencies.

(b) The Department of Public Safety shall collaborate with an

institution of higher education to identify law enforcement

agencies that need funds or video and audio equipment for the

purpose of installing video and audio equipment as described by

Article 2.135(a)(1)(A). The collaboration may include the use of

a survey to assist in developing criteria to prioritize funding

or equipment provided to law enforcement agencies.

for the purpose of installing video and audio equipment as

described by Article 2.135(a)(1)(A), the governing body of a

county or municipality, in conjunction with the law enforcement

agency serving the county or municipality, shall certify to the

Department of Public Safety that the law enforcement agency needs

funds or video and audio equipment for that purpose.

(d) On receipt of funds or video and audio equipment from the

state for the purpose of installing video and audio equipment as

described by Article 2.135(a)(1)(A), the governing body of a

county or municipality, in conjunction with the law enforcement

agency serving the county or municipality, shall certify to the

Department of Public Safety that the law enforcement agency has

installed video and audio equipment as described by Article

2.135(a)(1)(A) and is using the equipment as required by Article

2.135(a)(1).

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Art. 2.138. RULES. The Department of Public Safety may adopt

rules to implement Articles 2.131-2.137.

Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,

2001.

Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of

a local law enforcement agency intentionally fails to submit the

incident-based data as required by Article 2.134, the agency is

liable to the state for a civil penalty in the amount of $1,000

for each violation. The attorney general may sue to collect a

civil penalty under this subsection.

(b) From money appropriated to the agency for the administration

of the agency, the executive director of a state law enforcement

agency that intentionally fails to submit the incident-based data

as required by Article 2.134 shall remit to the comptroller the

amount of $1,000 for each violation.

state treasury to the credit of the general revenue fund.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 29, eff. September 1, 2009.

Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with

resistance in discharging any duty imposed upon him by law, he

shall summon a sufficient number of citizens of his county to

overcome the resistance; and all persons summoned are bound to

obey.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.15. PERSON REFUSING TO AID. The peace officer who has

summoned any person to assist him in performing any duty shall

report such person, if he refuse to obey, to the proper district

or county attorney, in order that he may be prosecuted for the

offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.16. NEGLECTING TO EXECUTE PROCESS. If any sheriff or

other officer shall wilfully refuse or fail from neglect to

execute any summons, subpoena or attachment for a witness, or any

other legal process which it is made his duty by law to execute,

he shall be liable to a fine for contempt not less than ten nor

more than two hundred dollars, at the discretion of the court.

The payment of such fine shall be enforced in the same manner as

fines for contempt in civil cases.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.17. CONSERVATOR OF THE PEACE. Each sheriff shall be a

conservator of the peace in his county, and shall arrest all

offenders against the laws of the State, in his view or hearing,

and take them before the proper court for examination or trial.

He shall quell and suppress all assaults and batteries, affrays,

insurrections and unlawful assemblies. He shall apprehend and

commit to jail all offenders, until an examination or trial can

be had.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.18. CUSTODY OF PRISONERS. When a prisoner is committed to

jail by warrant from a magistrate or court, he shall be placed in

jail by the sheriff. It is a violation of duty on the part of any

sheriff to permit a defendant so committed to remain out of jail,

except that he may, when a defendant is committed for want of

bail, or when he arrests in a bailable case, give the person

arrested a reasonable time to procure bail; but he shall so guard

the accused as to prevent escape.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.19. REPORT AS TO PRISONERS. On the first day of each

month, the sheriff shall give notice, in writing, to the district

or county attorney, where there be one, as to all prisoners in

his custody, naming them, and of the authority under which he

detains them.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.195. DUTY TO REPORT WARRANT OR CAPIAS INFORMATION.

Within 30 days of the day the court clerk issues the warrant, the

sheriff shall report to the national crime information center

each warrant or capias issued for a defendant charged with an

offense other than a Class C misdemeanor who fails to appear in

court when summoned.

Added by Acts 2009, 81st Leg., R.S., Ch.

578, Sec. 1, eff. June 19, 2009.

Art. 2.20. DEPUTY. Wherever a duty is imposed by this Code upon

the sheriff, the same duty may lawfully be performed by his

deputy. When there is no sheriff in a county, the duties of that

office, as to all proceedings under the criminal law, devolve

upon the officer who, under the law, is empowered to discharge

the duties of sheriff, in case of vacancy in the office.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.21. DUTY OF CLERKS. (a) In a criminal proceeding, a

clerk of the district or county court shall:

(1) receive and file all papers;

(2) receive all exhibits at the conclusion of the proceeding;

(3) issue all process;

(4) accept and file electronic documents received from the

defendant, if the clerk accepts electronic documents from an

attorney representing the state;

(5) accept and file digital multimedia evidence received from

the defendant, if the clerk accepts digital multimedia evidence

from an attorney representing the state; and

(6) perform all other duties imposed on the clerk by law.

(b) At any time during or after a criminal proceeding, the court

reporter shall release for safekeeping any firearm or contraband

received as an exhibit in that proceeding to:

(1) the sheriff; or

(2) in a county with a population of 500,000 or more, the law

enforcement agency that collected, seized, or took possession of

the firearm or contraband or produced the firearm or contraband

at the proceeding.

shall receive and hold the exhibits consisting of firearms or

contraband and release them only to the person or persons

authorized by the court in which such exhibits h

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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