Hopper Bill On Federal Agents Reaches Any Federal Employee

The text as introduced · 4,057 words

By: Hopper
H.B. No. 1982

A BILL TO BE ENTITLED

AN ACT

relating to limitations on federal authority and federal agents in

this state, including the licensure of federal agents and special

procedures for executing federal warrants; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS

SECTION 1.01. Title 7, Government Code, is amended by

adding Chapter 741 to read as follows:

CHAPTER 741. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS

IN THIS STATE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 741.001. DEFINITIONS. In this chapter:

(1) "federal agent" means an elected or appointed

federal officer or any employee of a federal agency, including a

federal law enforcement officer.

(2) "Criminal prosecutions division" means the

criminal prosecutions division of the attorney general's office.

Sec. 741.002. CONFLICT OF LAWS. To the extent this chapter

conflicts with another law, this chapter prevails.

SUBCHAPTER B. PEACE OFFICER LICENSING

Sec. 741.051. LICENSURE OF FEDERAL AGENT AS PEACE OFFICER

PROHIBITED. The Texas Commission on Law Enforcement may not issue a

peace officer license to a federal agent.

Sec. 741.052. REVOCATION OF PEACE OFFICER LICENSE IF PERSON

IS FEDERAL AGENT. The Texas Commission on Law Enforcement shall

revoke under the procedures provided by Subchapter K, Chapter 1701,

Occupations Code, the peace officer license of a person who is a

federal agent.

SUBCHAPTER C. SPECIAL PROCEDURE FOR FEDERAL WARRANTS

Sec. 741.101. ATTORNEY GENERAL REVIEW OF FEDERAL WARRANT.

(a) A search or arrest warrant issued by a federal court,

including the United States Foreign Intelligence Surveillance

Court, against a United States citizen domiciled in Texas, may not

be executed in this state unless:

(1) the warrant is reviewed and approved by criminal

prosecutions division of the attorney general's office; and

(2) the appropriate sheriff for the county where the

warrant is to be executed;

(3) subject to Section 741.103, the appropriate

sheriff may at their discretion execute the warrant on behalf of the

federal government.

(b) A federal agent may apply to the attorney general for

review of a warrant described by Subsection (a). The application

must include:

(1) all of the evidence that forms the basis for the

finding of probable cause underlying the warrant, regardless of

which court or grand jury the evidence was presented to; and

(2) any rulings, findings of fact, or conclusions of

law the court made in issuing the warrant.

(c) In the discretion of the attorney general, the attorney

general may approve or disapprove the execution of the warrant in

this state.

Sec. 741.102. APPROVED WARRANT PROVIDED TO APPROPRIATE

SHERIFF. On approving a warrant under Section 741.101, the

attorney general shall provide a certified copy of the warrant to

the appropriate sheriff with jurisdiction of the county in which

the warrant is to be executed.

Sec. 741.103. SHERIFF MAY REFUSE OR EXECUTE WARRANT. (a)

On receipt of a warrant under Section 741.102, the sheriff may:

(1) execute the warrant;

(2) grant authority for federal law enforcement to

execute the warrant; or

(3) refuse to execute the warrant.

(b) If the sheriff executes a warrant described by Section

741.102, a federal agent may only be present when the warrant is

executed with approval of the sheriff for the county in which the

warrant is to be executed.

SUBCHAPTER D. HEARING REQUIRED FOR SURRENDER OF TEXAS CITIZEN TO

FEDERAL CUSTODY

Sec. 741.151. (a) In this section, "correctional facility"

has the meaning assigned by Section 1.07, Penal Code.

(b) A citizen of this state confined in any correctional

facility in this state is entitled to a hearing before the citizen

may be transferred into the custody of a federal agent or agency.

(c) The hearing must be held by a district court of this

state.

SUBCHAPTER E. LIMITATIONS ON FEDERAL AUTHORITY

Sec. 741.201. CERTAIN FEDERAL AUTHORITY NOT RECOGNIZED.

(a) A federal agent may not discharge the agent's official duties

on any property in this state, other than property for which the

United States has exclusive or concurrent jurisdiction and only to

the extent of that jurisdiction, unless the federal agent is

discharging official duties for which legal authority is

specifically enumerated in the United States Constitution, or is

acting pursuant to the request, or with the approval of, state or

local law enforcement.

(b) This state does not recognize the authority under

federal law for a federal agent to engage in conduct that violates

Subsection (a).

SECTION 1.02. Section 37.11(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person:

(1) impersonates a public servant with intent to

induce another to submit to the person's pretended official

authority or to rely on the person's pretended official acts; [ or ]

(2) knowingly purports to exercise, without legal

authority, any function of a public servant or of a public office,

including that of a judge and court ; or

(3) knowingly engages in conduct that violates Section

741.201(a), Government Code .

SECTION 1.03. Art. 2A.002(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The following criminal investigators of the United

States are not peace officers but and do not have the powers of

arrest, search, and seizure, for violations of law in this state not

expressly granted by statute, unless at the direction of state and

local law enforcement or as to felony offenses only :

ARTICLE 2. CONFORMING AMENDMENTS

SECTION 2.01. Article 2A.052(b), Code of Criminal

Procedure, is amended to read as follows:

(b) An establishment serving the public may not prohibit or

otherwise restrict a peace officer or federal special investigator

as defined by Section 1.07, Penal Code, from carrying on the

establishment's premises a weapon that the officer or investigator

is otherwise authorized to carry, regardless of whether the officer

or investigator is engaged in the actual discharge of the officer's

or investigator's duties while carrying the weapon.

SECTION 2.02. The heading to Article 38.141, Code of

Criminal Procedure, is amended to read as follows:

Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER OR

SPECIAL INVESTIGATOR.

SECTION 2.03. Articles 38.141(a) and (c), Code of Criminal

Procedure, are amended to read as follows:

(a) A defendant may not be convicted of an offense under

Chapter 481, Health and Safety Code, on the testimony of a person

who is not a licensed peace officer or a special investigator but

who is acting covertly on behalf of a law enforcement agency or

under the color of law enforcement unless the testimony is

corroborated by other evidence tending to connect the defendant

with the offense committed.

(c) In this article, "peace officer" means a person listed

in Article 2A.001, and "special investigator" means a person listed

in Article 2A.002.

SECTION 2.04. Section 552.1175(a), Government Code, is

amended to read as follows:

(a) This section applies only to:

(1) current or honorably retired peace officers as

defined by Article 2A.001, Code of Criminal Procedure, or federal

special investigators as defined by Section 1.07, Penal Code

described by Article 2A.002, Code of Criminal Procedure;

(2) current or honorably retired county jailers as

defined by Section 1701.001, Occupations Code;

(3) current or former employees of the Texas

Department of Criminal Justice or of the predecessor in function of

the department or any division of the department;

(4) commissioned security officers as defined by

Section 1702.002, Occupations Code;

(5) a current or former district attorney, criminal

district attorney, or county or municipal attorney whose

jurisdiction includes any criminal law or child protective services

matters;

(6) [ (5-a) ] a current or former employee of a district

attorney, criminal district attorney, or county or municipal

attorney whose jurisdiction includes any criminal law or child

protective services matters;

(7) [ (6) ] officers and employees of a community

supervision and corrections department established under Chapter

76 who perform a duty described by Section 76.004(b);

(8) (7) criminal investigators of the United States as

described by Article 2A.002(a), Code of Criminal Procedure ;

(9) (8) current or honorably retired police officers

and inspectors of the United States Federal Protective Service;

(10) (9) current and former employees of the office of

the attorney general who are or were assigned to a division of that

office the duties of which involve law enforcement or are performed

under Chapter 231, Family Code;

(11) (10) current or former juvenile probation and

detention officers certified by the Texas Juvenile Justice

Department, or the predecessors in function of the department,

under Title 12, Human Resources Code;

(12) (11) current or former employees of a juvenile

justice program or facility, as those terms are defined by Section

261.405, Family Code;

(13) (12) current or former employees of the Texas

Juvenile Justice Department or the predecessors in function of the

department;

(14) (13) federal judges and state judges as defined

by Section 1.005, Election Code;

(15) (14) current or former employees of the Texas

Civil Commitment Office or of the predecessor in function of the

office or a division of the office;

(16) (15) a current or former member of the United

States Army, Navy, Air Force, Coast Guard, or Marine Corps, an

auxiliary service of one of those branches of the armed forces, or

the Texas military forces, as that term is defined by Section

437.001;

(17) (16) a current or former child protective

services caseworker, adult protective services caseworker, or

investigator for the Department of Family and Protective Services

or a current or former employee of a department contractor

performing child protective services caseworker, adult protective

services caseworker, or investigator functions for the contractor

on behalf of the department;

(18) (17) an elected public officer;

(19) (18) a firefighter or volunteer firefighter or

emergency medical services personnel as defined by Section 773.003,

Health and Safety Code; and

(20) (19) a current or former United States attorney,

assistant United States attorney, federal public defender, deputy

federal public defender, or assistant federal public defender.

SECTION 2.05. Section 3105.003(a), Government Code, is

amended to read as follows:

(a) A person is eligible to have the person's name on the

monument if the person was killed in the line of duty and was:

(1) a law enforcement officer or peace officer for

this state or a political subdivision of this state under Article

2A.001, Code of Criminal Procedure, or other law;

(2) a federal law enforcement officer or special agent

performing duties in this state, including those officers under

Article 2A.002, Code of Criminal Procedure;

(3) a corrections or detention officer or county or

municipal jailer employed or appointed by a municipal, county, or

state penal institution in this state; or

(4) employed by this state or a political subdivision

of this state and considered by the person's employer to be a

trainee for a position described by Subdivision (1), (2), or (3).

SECTION 2.06. Section 243.051(a), Human Resources Code, is

amended to read as follows:

(a) If a child who has been committed to the department and

placed by the department in any institution or facility has escaped

or has been released under supervision and broken the conditions of

release:

(1) a sheriff, deputy sheriff, constable, [ special

investigator, ] or peace officer may, without a warrant, arrest the

child; or

(2) a department employee designated by the executive

director may, without a warrant or other order, take the child into

the custody of the department.

SECTION 2.09. Section 86.0021(a), Local Government Code, is

amended to read as follows:

(a) A person is not eligible to serve as constable unless:

(1) the person is eligible to be licensed under

Sections 1701.309 and 1701.312, Occupations Code, and:

(A) has at least an associate's degree conferred

by an institution of higher education accredited by an accrediting

organization recognized by the Texas Higher Education Coordinating

Board; or

(B) [ is a special investigator under Article

2A.002(a), Code of Criminal Procedure; or

[ (C) ] is an honorably retired peace officer or

honorably retired federal criminal investigator who holds a

certificate of proficiency issued under Section 1701.357,

Occupations Code; or

(2) the person is an active or inactive licensed peace

officer under Chapter 1701, Occupations Code.

SECTION 2.10. Section 1.07(a)(46-b), Penal Code, is amended

to read as follows:

(46-b) "Federal special investigator" means a person

described by Article 2A.002, Code of Criminal Procedure

SECTION 2.11. Section 20.01(8), Penal Code, is amended to

read as follows:

(8) " Federal special [ Special ] investigator" includes

an agent of the United States Department of Homeland Security.

SECTION 2.12. Section 20.05(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person knowingly:

(1) uses a motor vehicle, aircraft, watercraft, or

other means of conveyance to transport an individual with the

intent to:

(A) conceal the individual from a peace officer

or federal special investigator; or

(B) flee from a person the actor knows is a peace

officer or federal special investigator attempting to lawfully

arrest or detain the actor;

(2) encourages or induces a person to enter or remain

in this country in violation of federal law by concealing,

harboring, or shielding that person from detection; or

(3) assists, guides, or directs two or more

individuals to enter or remain on agricultural land without the

effective consent of the owner.

SECTION 2.13. Section 30.05(i), Penal Code, is amended to

read as follows:

(i) This section does not apply if:

(1) the basis on which entry on the property or land or

in the building was forbidden is that entry with a handgun or other

weapon was forbidden; and

(2) the actor at the time of the offense was a peace

officer, including a commissioned peace officer of a recognized

state, or a federal special investigator under Article 2A.002, Code

of Criminal Procedure, regardless of whether the peace officer or

federal special investigator was engaged in the actual discharge of

an official duty while carrying the weapon.

SECTION 2.14. Section 46.15(a), Penal Code, as amended by

Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts

of the 88th Legislature, Regular Session, 2023, is reenacted and

amended to read as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or federal special investigators

under Article 2A.002, Code of Criminal Procedure, and neither

section prohibits a peace officer or federal special investigator

from carrying a weapon in this state, including in an establishment

in this state serving the public, regardless of whether the peace

officer or federal special investigator is engaged in the actual

discharge of the officer's or investigator's duties while carrying

the weapon;

(2) parole officers, and neither section prohibits an

officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the

officer's duties while carrying the weapon; and

(B) in compliance with policies and procedures

adopted by the Texas Department of Criminal Justice regarding the

possession of a weapon by an officer while on duty;

(3) community supervision and corrections department

officers appointed or employed under Section 76.004, Government

Code, and neither section prohibits an officer from carrying a

weapon in this state if the officer is:

(A) engaged in the actual discharge of the

officer's duties while carrying the weapon; and

(B) authorized to carry a weapon under Section

76.0051, Government Code;

(4) an active or retired judicial officer as defined

by Section 411.201, Government Code, who is licensed to carry a

handgun under Subchapter H, Chapter 411, Government Code;

(5) an honorably retired peace officer or other

qualified retired law enforcement officer, as defined by 18 U.S.C.

Section 926C, who holds a certificate of proficiency issued under

Section 1701.357, Occupations Code, and is carrying a photo

identification that is issued by a federal, state, or local law

enforcement agency, as applicable, and that verifies that the

officer is an honorably retired peace officer or other qualified

retired law enforcement officer;

(6) the attorney general or a United States attorney,

district attorney, criminal district attorney, county attorney, or

municipal attorney who is licensed to carry a handgun under

Subchapter H, Chapter 411, Government Code;

(7) an assistant United States attorney, assistant

attorney general, assistant district attorney, assistant criminal

district attorney, or assistant county attorney who is licensed to

carry a handgun under Subchapter H, Chapter 411, Government Code;

(8) a bailiff designated by an active judicial officer

as defined by Section 411.201, Government Code, who is:

(A) licensed to carry a handgun under Subchapter

H, Chapter 411, Government Code; and

(B) engaged in escorting the judicial officer;

(9) a juvenile probation officer who is authorized to

carry a firearm under Section 142.006, Human Resources Code;

(10) a person who is volunteer emergency services

personnel if the person is:

(A) carrying a handgun under the authority of

Subchapter H, Chapter 411, Government Code; and

(B) engaged in providing emergency services;

[ or ]

(11) a person who:

(A) retired after serving as a judge or justice

described by Section 411.201(a)(1), Government Code; and

(B) is licensed to carry a handgun under

Subchapter H, Chapter 411, Government Code ; or

(12) [ (11) ] a district or county clerk who is carrying

a handgun the clerk is licensed to carry under Subchapter H, Chapter

411, Government Code.

SECTION 2.15. Section 201.910(b), Transportation Code, is

amended to read as follows:

(b) As used in this section, "peace officer" means a person

who was:

(1) a law enforcement officer or peace officer for

this state or a political subdivision of this state under Article

2A.001, Code of Criminal Procedure, or other law; or

(2) a federal law enforcement officer or special agent

performing duties in this state, including those officers under

Article 2A.002, Code of Criminal Procedure.

SECTION 2.16. Section 521.1211(a)(1), Transportation Code,

is amended to read as follows:

(1) "Peace officer" has the meaning assigned by

Article 2A.001, Code of Criminal Procedure, except that the term

includes a federal special investigator as defined by Article

2A.002, Code of Criminal Procedure.

SECTION 2.17. Section 25.025(a), Tax Code, as amended by

Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.

4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular

Session, 2023, is reenacted and amended to read as follows:

(a) This section applies only to:

(1) a current or former peace officer as defined by

Article 2A.001, Code of Criminal Procedure, and the spouse or

surviving spouse of the peace officer;

(2) the adult child of a current peace officer as

defined by Article 2A.001, Code of Criminal Procedure;

(3) a current or honorably retired county jailer as

defined by Section 1701.001, Occupations Code;

(4) an employee of the Texas Department of Criminal

Justice;

(5) a commissioned security officer as defined by

Section 1702.002, Occupations Code;

(6) an individual who shows that the individual, the

individual's child, or another person in the individual's household

is a victim of family violence as defined by Section 71.004, Family

Code, by providing:

(A) a copy of a protective order issued under

Chapter 85, Family Code, or a magistrate's order for emergency

protection issued under Article 17.292, Code of Criminal Procedure;

or

(B) other independent documentary evidence

necessary to show that the individual, the individual's child, or

another person in the individual's household is a victim of family

violence;

(7) an individual who shows that the individual, the

individual's child, or another person in the individual's household

is a victim of sexual assault or abuse, stalking, or trafficking of

persons by providing:

(A) a copy of a protective order issued under

Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a

magistrate's order for emergency protection issued under Article

17.292, Code of Criminal Procedure; or

(B) other independent documentary evidence

necessary to show that the individual, the individual's child, or

another person in the individual's household is a victim of sexual

assault or abuse, stalking, or trafficking of persons;

(8) a participant in the address confidentiality

program administered by the attorney general under Subchapter B,

Chapter 58, Code of Criminal Procedure, who provides proof of

certification under Article 58.059, Code of Criminal Procedure;

(9) a federal judge, a federal bankruptcy judge, a

marshal of the United States Marshals Service, a state judge, or a

family member of a federal judge, a federal bankruptcy judge, a

marshal of the United States Marshals Service, or a state judge;

(10) a current or former district attorney, criminal

district attorney, or county or municipal attorney whose

jurisdiction includes any criminal law or child protective services

matters;

(11) a current or former employee of a district

attorney, criminal district attorney, or county or municipal

attorney whose jurisdiction includes any criminal law or child

protective services matters;

(12) an officer or employee of a community supervision

and corrections department established under Chapter 76,

Government Code, who performs a duty described by Section 76.004(b)

of that code;

(13) a criminal investigator of the United States as

described by Article 2A.002(a), Code of Criminal Procedure;

(14) a current or honorably retired police officer or

inspector of the United States Federal Protective Service;

(15) a current or former United States attorney,

assistant United States attorney, federal public defender, deputy

federal public defender, or assistant federal public defender and

the spouse and child of the attorney or public defender;

(16) a current or former employee of the office of the

attorney general who is or was assigned to a division of that office

the duties of which involve law enforcement or are performed under

Chapter 231, Family Code;

(17) a medical examiner or person who performs

forensic analysis or testing who is employed by this state or one or

more political subdivisions of this state;

(18) a current or former member of the United States

armed forces who has served in an area that the president of the

United States by executive order designates for purposes of 26

U.S.C. Section 112 as an area in which armed forces of the United

States are or have engaged in combat;

(19) a current or former employee of the Texas

Juvenile Justice Department or of the predecessors in function of

the department;

(20) a current or former juvenile probation or

supervision officer certified by the Texas Juvenile Justice

Department, or the predecessors in function of the department,

under Title 12, Human Resources Code;

(21) a current or former employee of a juvenile

justice program or facility, as those terms are defined by Section

261.405, Family Code;

(22) a current or former employee of the Texas Civil

Commitment Office or the predecessor in function of the office or a

division of the office;

(23) a current or former employee of a federal judge or

state judge;

(24) a current or former child protective services

caseworker, adult protective services caseworker, or investigator

for the Department of Family and Protective Services or a current or

former employee of a department contractor performing child

protective services caseworker, adult protective services

caseworker, or investigator functions for the contractor on behalf

of the department;

(25) an elected public officer;

(26) a firefighter or volunteer firefighter or

emergency medical services personnel as defined by Section 773.003,

Health and Safety Code;

(27) a customs and border protection officer or border

patrol agent of United States Customs and Border Protection or the

spouse, surviving spouse, or adult child of a customs and border

protection officer or border patrol agent ;

(28) [ (27) a current or former attorney for the

Department of Family and Protective Services

[ (27) ] a current or former employee or contract staff

member of a university health care provider at a corrections

facility operated by the Texas Department of Criminal Justice or

the Texas Juvenile Justice Department; and

(29) [ (28) ] a current or former attorney for the

Department of Family and Protective Services.

ARTICLE 3. REPEALER; TRANSITIONS; EFFECTIVE DATE

SECTION 3.01. The following provisions are repealed:

(1) Section 100.001, Civil Practice and Remedies Code.

(2) Section 85.011, Local Government Code, Subsection

(3).

SECTION 3.02. Section 741.052, Government Code, as added by

this Act, applies to a person who holds a peace officer license and

is a federal agent on or after the effective date of this Act.

SECTION 3.03. To the extent of any conflict, this Act

prevails over another Act of the 89th Legislature, Regular Session,

2025, relating to nonsubstantive additions to and corrections in

enacted codes.

SECTION 3.04. This Act takes effect September 1, 2025.