Search found 2 matches

by srothstein
Thu May 16, 2019 12:32 am
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 1066

Re: Can someone find this law?

nightmare69 wrote:
Wed May 15, 2019 12:55 pm
When I was in the academy in 2014 we were shown a the text to a law in response to the NFL’s policy banning off-duty LEOs from carrying at Texas Stadium.

The Texas legislator stepped in and basically wrote a law that specifically said that Texas LEOs are never off-duty and can carry virtually anywhere including professional sporting events and theme parks.
While the law you were searching for has been shown to you already, I thought I would point out that there is a very old law that says cops are never off duty. Technically, I guess it would be not off duty while in their jurisdiction.

The Code of Criminal Procedure says police will act in case of crime in their jurisdiction. Note that is does not say anything about on duty or off duty.
Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;

(2) execute all lawful process issued to the officer by any magistrate or court;

(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and

(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

(c) It is the duty of every officer to take possession of a child under Article 63.009(g).



Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 6.01



(d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to:

(1) investigate the offense; or

(2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.



Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 3



(d) On a request made by that office, a peace officer shall execute an emergency detention order issued by the Texas Civil Commitment Office under Section 841.0837, Health and Safety Code.

(e) Subsection (d) does not prevent a peace officer from:

(1) conducting a separate investigation of any other alleged criminal offense; or

(2) inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense.
by srothstein
Thu May 16, 2019 12:25 am
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 1066

Re: Can someone find this law?

ELB wrote:
Wed May 15, 2019 5:26 pm
It may have been drafted in 2014 for the 2015 Legislature, but I could not find any bills doing so for that legislative session. The Texas Legislature Online has a neat function that lets you see exactly how a given statute was worded on a specific date in the past, and Section 2.1305 doesn't even appear until 01 Sep 2017. It often takes awhile for things to percolate through.
It was introduced in 2015 as HB 2298. It looks like it died in the house while on the calendar close to the end of the session. I like the search function on the Legislature On-Line page. You can find a lot of bills if you use the word search and an unusual phrase. I thought "Establishment serving the public" was an unusual enough phrase that I could go through the results list to find it. This bill was the only one that came up.

Return to “Can someone find this law?”