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AN ACT
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relating to the authority of the Alabama-Coushatta Indian Tribe to |
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commission peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.126 to read as follows: |
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Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE |
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ALABAMA-COUSHATTA INDIAN TRIBE. (a) The tribal council of the |
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Alabama-Coushatta Indian Tribe is authorized to employ and |
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commission peace officers for the purpose of enforcing state law |
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within the boundaries of the tribe's reservation. |
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(b) Within the boundaries of the tribe's reservation, a |
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peace officer commissioned under this article: |
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(1) is vested with all the powers, privileges, and |
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immunities of peace officers; |
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(2) may, in accordance with Chapter 14, arrest without |
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a warrant any person who violates a law of the state; and |
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(3) may enforce all traffic laws on streets and |
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highways. |
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(c) Outside the boundaries of the tribe's reservation, a |
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peace officer commissioned under this article is vested with all |
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the powers, privileges, and immunities of peace officers and may |
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arrest any person who violates any law of the state if the peace |
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officer: |
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(1) is summoned by another law enforcement agency to |
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provide assistance; or |
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(2) is assisting another law enforcement agency. |
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(d) Any officer assigned to duty and commissioned under this |
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article shall take and file the oath required of peace officers and |
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shall execute and file a good and sufficient bond in the sum of |
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$1,000, payable to the governor, with two or more good and |
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sufficient sureties, conditioned that the officer will fairly, |
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impartially, and faithfully perform the duties as may be required |
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of the officer by law. The bond may be sued on from time to time in |
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the name of the person injured until the whole amount is recovered. |
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(e) Any person commissioned under this article must: |
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(1) meet the minimum standards required of peace |
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officers by the commission relating to competence, reliability, |
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education, training, morality, and physical and mental health; and |
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(2) meet all standards for certification as a peace |
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officer by the Commission on Law Enforcement Officer Standards and |
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Education. |
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(f) A peace officer commissioned under this article is not |
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entitled to state benefits normally provided by the state to a peace |
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officer. |
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SECTION 2. This Act takes effect September 1, 2011. |
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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. 1378 passed the Senate on |
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April 20, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1378 passed the House on |
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May 19, 2011, by the following vote: Yeas 148, Nays 0, one |
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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 |