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AN ACT
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relating to the authority of certain municipal peace officers on a |
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lake located partly in a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 31, Parks and Wildlife |
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Code, is amended by adding Section 31.1211 to read as follows: |
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Sec. 31.1211. JURISDICTION OF MUNICIPAL PEACE OFFICERS. |
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(a) Notwithstanding any other law limiting the enforcement |
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jurisdiction of a peace officer, a peace officer of a municipality |
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who is certified as a marine safety enforcement officer under |
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Section 31.121 may enforce the provisions of this chapter within an |
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area of a lake that is outside the enforcement jurisdiction of the |
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peace officer if: |
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(1) any portion of the lake is contained in the |
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corporate limits or extraterritorial jurisdiction of the |
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municipality; and |
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(2) the municipality has entered into a memorandum of |
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understanding with the governmental entity having enforcement |
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jurisdiction in that area granting the peace officer enforcement |
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jurisdiction in the area. |
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(b) The memorandum of understanding under Subsection (a)(2) |
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must: |
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(1) designate the jurisdiction that has the authority |
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to conduct any prosecution or ongoing investigation of a violation |
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resulting from an enforcement action under this section; and |
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(2) be approved by the Parks and Wildlife Department. |
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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, 2007. |
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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. 410 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2007, by the |
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following vote: Yeas 30, 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. 410 passed the House, with |
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amendment, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, 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 |