Texas Code of Criminal Procedure - Article 2.122. Special Investigators
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Art. 2.122. SPECIAL INVESTIGATORS. (a) The following named
criminal investigators of the United States shall not be deemed
peace officers, but shall have the powers of arrest, search and
seizure as to felony offenses only under the laws of the State of
Texas:
(1) Special Agents of the Federal Bureau of Investigation;
(2) Special Agents of the Secret Service;
(3) Special Agents of the United States Customs Service;
(4) Special Agents of Alcohol, Tobacco and Firearms;
(5) Special Agents of Federal Drug Enforcement Agency;
(6) Inspectors of the United States Postal Service;
(7) Special Agents of the Criminal Investigation Division
and Inspectors of the Internal Security Division of the Internal
Revenue Service;
(8) Civilian Special Agents of the United States Naval
Investigative Service;
(9) Marshals and Deputy Marshals of the United States
Marshals Service;
(10) Special Agents of the United States Immigration and
Naturalization Service; and
(11) Special Agents of the United States Department of
State, Bureau of Diplomatic Security.
(b) A person designated as a special policeman by the
Federal Protective Services division of the General Services
Administration under 40 U.S.C. Section 318 or 318d is not a peace
officer but has the powers of arrest and search and seizure as to
any offense under the laws of this state.
(c) A customs inspector of the United States Customs Service
or a border patrolman or immigration officer of the United States
Department of Justice is not a peace officer under the laws of this
state but, on the premises of a port facility designated by the
commissioner of the United States Immigration and Naturalization
Service as a port of entry for arrival in the United States by land
transportation from the United Mexican States into the State of
Texas or at a permanent established border patrol traffic check
point, has the authority to detain a person pending transfer
without unnecessary delay to a peace officer if the inspector,
patrolman, or officer has probable cause to believe that the person
has engaged in conduct that is a violation of Section 49.02, 49.04,
49.07, or 49.08, Penal Code, regardless of whether the violation
may be disposed of in a criminal proceeding or a juvenile justice
proceeding.
(d) A commissioned law enforcement officer of the National
Park Service is not a peace officer under the laws of this state,
except that the officer has the powers of arrest, search, and
seizure as to any offense under the laws of this state committed
within the boundaries of a national park or national recreation
area. In this subsection, "national park or national recreation
area" means a national park or national recreation area included in
the National Park System as defined by 16 U.S.C. Section 1c(a).
(e) A Special Agent or Law Enforcement Officer of the United
States Forest Service is not a peace officer under the laws of this
state, except that the agent or officer has the powers of arrest,
search, and seizure as to any offense under the laws of this state
committed within the National Forest System. In this subsection,
"National Forest System" has the meaning assigned by 16 U.S.C.
Section 1609.
(f) Security personnel working at a commercial nuclear
power plant, including contract security personnel, trained and
qualified under a security plan approved by the United States
Nuclear Regulatory Commission, are not peace officers under the
laws of this state, except that such personnel have the powers of
arrest, search, and seizure, including the powers under Section
9.51, Penal Code, while in the performance of their duties on the
premises of a commercial nuclear power plant site or under
agreements entered into with local law enforcement regarding areas
surrounding the plant site.
(g) In addition to the powers of arrest, search, and seizure
under Subsection (a), a Special Agent of the Secret Service
protecting a person described by 18 U.S.C. Section 3056(a) or
investigating a threat against a person described by 18 U.S.C.
Section 3056(a) has the powers of arrest, search, and seizure as to:
(1) misdemeanor offenses under the laws of this state; and
(2) any criminal offense under federal law.
Added by Acts 1985, 69th Leg., ch. 543, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Vernon's Ann.C.C.P. art. 2.121 and amended by Acts
1987, 70th Leg., ch. 503, Sec. 1, eff. Aug. 31, 1987; Acts 1987,
70th Leg., ch. 854, Sec. 1, eff. Aug. 31, 1987. Amended by Acts
1989, 71st Leg., ch. 841, Sec. 1, eff. June 14, 1989; Acts 1993,
73rd Leg., ch. 927, Sec. 1, eff. June 19, 1993; Acts 1997, 75th
Leg., ch. 290, Sec. 1, eff. May 26, 1997; Acts 1997, 75th Leg., ch.
717, Sec. 1, eff. June 17, 1997; Acts 1999, 76th Leg., ch. 197, Sec.
1, eff. May 24, 1999; Acts 1999, 76th Leg., ch. 863, Sec. 1, eff.
June 18, 1999; Acts 1999, 76th Leg., ch. 628, Sec. 1, eff. June 18,
1999; 2001, 77th Leg., ch. 1420, Sec. 21.001(7), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1237, Sec. 1, eff. June 20, 2003.
Subsec. (g) added by Acts 2005, 79th Leg., ch. 1337, Sec. 5, eff.
June 18, 2005.
Article: 2.07 2.08 2.09 2.10 2.11 2.12 2.121 2.122 2.123 2.124 2.125 2.13 2.131 2.132 2.133
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Last modified: August 10, 2007
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