bill rewriting what Texas peace officers can and must do

The text as introduced · 409 words

89R1394 AJZ-D

By: Thompson
H.B. No. 902

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of peace officers.

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

SECTION 1. Article 2A.051, Code of Criminal Procedure, is

amended to read as follows:

Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE

OFFICERS. Each peace officer [ shall ]:

(1) shall preserve the peace within the officer's

jurisdiction using all lawful means;

(2) may, if authorized [ in every case authorized by

this code ], interfere without a warrant to prevent or suppress

crime;

(3) shall execute all lawful process issued to the

officer by a magistrate or court;

(4) shall give notice to an appropriate magistrate of

all offenses committed in the officer's jurisdiction, if [ where ]

the officer has probable cause [ good reason ] to believe there has

been a violation of the penal law;

(5) may, if [ when ] authorized [ by law ], arrest an

offender without a warrant so the offender may be taken before the

proper magistrate or court and be tried;

(6) shall take possession of a child under Article

63.00905(g) [ 63.009(g) ]; [ and ]

(7) shall, on a request made by the Texas Civil

Commitment Office, execute an emergency detention order issued by

that office under Section 841.0837, Health and Safety Code ;

(8) shall make an identification as a peace officer

before taking any action within the course and scope of the

officer's official duties unless the identification would render

the action impracticable; and

(9) shall intervene to prevent an action by another

peace officer if:

(A) the action includes the use of force in an

amount that exceeds that which is reasonable under the

circumstances;

(B) the intervening officer knows or should know

that the other officer's action violates department policy or

local, state, or federal law; or

(C) the action puts a person at risk of bodily

injury, as that term is defined by Section 1.07, Penal Code, and is

not:

(i) immediately necessary to avoid imminent

bodily injury to a peace officer or other person; or

(ii) required to apprehend a person

suspected of committing an offense .

SECTION 2. 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. This Act takes effect September 1, 2025.