85R1317 AJZ-D
 
  By: Thompson of Harris H.B. No. 574
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a limitation on the authority to arrest a person for
  certain misdemeanors punishable by a fine only.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.1386 to read as follows:
         Art. 2.1386.  CITE AND RELEASE POLICY. (a) In this article,
  "law enforcement agency" means an agency of the state or an agency
  of a political subdivision of the state authorized by law to employ
  peace officers.
         (b)  Each law enforcement agency shall adopt a written policy
  regarding the issuance of citations for misdemeanor offenses,
  including traffic offenses, that are punishable by a fine only. The
  policy must provide a procedure for a peace officer employed by the
  agency to verify a person's identity and issue a citation to a
  person who fails to present proof of identification.
         SECTION 2.  Article 14.01, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (a) or (b), a peace officer
  or any other person may not, without a warrant, arrest an offender
  for a misdemeanor punishable by a fine only, other than an offense
  under Section 49.02, Penal Code.
         SECTION 3.  Article 14.03, Code of Criminal Procedure, is
  amended by adding Subsection (h) to read as follows:
         (h)  Notwithstanding Subsection (a), (d), or (g), a peace
  officer may not, without a warrant, arrest a person who only commits
  one or more offenses punishable by a fine only, other than an
  offense under Section 49.02, Penal Code.
         SECTION 4.  Article 14.06(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A peace officer who is charging a person, including a
  child, with committing an offense that is a [Class C] misdemeanor
  punishable by a fine only, other than an offense under Section
  49.02, Penal Code, shall [may], instead of taking the person before
  a magistrate, issue a citation to the person that contains written
  notice of the time and place the person must appear before a
  magistrate, the name and address of the person charged, the offense
  charged, and the following admonishment, in boldfaced or underlined
  type or in capital letters:
         "If you are convicted of a misdemeanor offense involving
  violence where you are or were a spouse, intimate partner, parent,
  or guardian of the victim or are or were involved in another,
  similar relationship with the victim, it may be unlawful for you to
  possess or purchase a firearm, including a handgun or long gun, or
  ammunition, pursuant to federal law under 18 U.S.C. Section
  922(g)(9) or Section 46.04(b), Texas Penal Code.  If you have any
  questions whether these laws make it illegal for you to possess or
  purchase a firearm, you should consult an attorney."
         SECTION 5.  Section 543.001, Transportation Code, is amended
  to read as follows:
         Sec. 543.001.  ARREST WITHOUT WARRANT AUTHORIZED. Any peace
  officer may arrest without warrant a person found committing a
  violation of this subtitle, other than a person found only
  committing one or more misdemeanors punishable by a fine only.
         SECTION 6.  Section 543.004(a), Transportation Code, is
  amended to read as follows:
         (a)  An officer shall issue a written notice to appear if:
               (1)  the offense charged is [speeding or] a misdemeanor
  under this subtitle punishable by a fine only [violation of the open
  container law, Section 49.03, Penal Code]; and
               (2)  the person makes a written promise to appear in
  court as provided by Section 543.005.
         SECTION 7.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 8.  This Act takes effect September 1, 2017.