reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.20. Conviction of Treason

No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.21. Privilege of Legislators

Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.23. Dignity of State

All justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals and judges of the District Courts, shall, by virtue of their offices, be conservators of the peace throughout the State.  The style of all writs and process shall be "The State of Texas".  All prosecutions shall be carried on "in the name and by authority of The State of Texas", and conclude, "against the peace and dignity of the State".
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 97, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.25. Confronted by Witnesses

The defendant, upon a trial, shall be confronted with the witnesses, except in certain cases provided for in this Code where depositions have been taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.26. Construction of This Code

The provisions of this Code shall be liberally construed, so as to attain the objects intended by the Legislature:  The prevention, suppression and punishment of crime.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.27. Common Law Governs

If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the common law shall be applied and govern.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.01. Duties of District Attorneys

Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely.  When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties.  It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done.  They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 98, eff. Sept. 1, 1981.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.02. Duties of County Attorneys

The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all criminal cases under examination or prosecution in said county;  and in the absence of the district attorney he shall represent the State alone and, when requested, shall aid the district attorney in the prosecution of any case in behalf of the State in the district court.  He shall represent the State in cases he has prosecuted which are appealed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 99, eff. Sept. 1, 1981.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.021. Duties of Attorney General

The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed.  On request of a county or district attorney, the attorney general shall assist in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed.  For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office.
Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.02, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.01, eff. January 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.022. Assistance of Texas Rangers

(a)  The attorney representing the state may request the Texas Rangers division of the Department of Public Safety to provide assistance to a local law enforcement agency investigating an offense that:
(1)  is alleged to have been committed by an elected officer of the political subdivision served by the local law enforcement agency;  and
(2)  on conviction or adjudication, would subject the elected officer to registration as a sex offender under Chapter 62.
(b)  For purposes of this article, "assistance" includes investigative, technical, and administrative assistance.
Added by Acts 2009, 81st Leg., R.S., Ch. 431 (H.B. 2130), Sec. 1, eff. June 19, 2009.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.023. Notification to Texas Department of Criminal Justice

(a)  This article applies only to a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d):
(1)  received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and
(2)  was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence.
(b)  Not later than the 10th day after the date that a defendant described by Subsection (a) is indicted for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), the attorney representing the state shall notify an officer designated by the Texas Department of Criminal Justice of the offense charged in the indictment.
Added by Acts 2017, 85th Leg., R.S., Ch. 772 (H.B. 104), Sec. 1, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.024. Tracking Use of Certain Testimony

(a)  In this article:
(1)  "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction.
(2)  "Correctional facility" has the meaning assigned by Section 1.07, Penal Code.
(b)  An attorney representing the state shall track:
(1)  the use of testimony of a person to whom a defendant made a statement against the defendant's interest while the person was imprisoned or confined in the same correctional facility as the defendant, if known by the attorney representing the state, regardless of whether the testimony is presented at trial; and
(2)  any benefits offered or provided to a person in exchange for testimony described by Subdivision (1).
Added by Acts 2017, 85th Leg., R.S., Ch. 686 (H.B. 34), Sec. 1, eff. September 1, 2017.
Redesignated by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(1), eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.025. Special Duty of District or County Attorney Relating to Child Support

If a district or county attorney receives money from a person who is required by a court order to pay child support through a local registry or the Title IV-D agency and the money is presented to the attorney as payment for the court-ordered child support, the attorney shall transfer the money to the local registry or Title IV-D agency designated as the place of payment in the child support order.
Added by Acts 1999, 76th Leg., ch. 40, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.03. Neglect of Duty

Text of subsection effective until January 01, 2025
(a)  It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer;  and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge.
Text of subsection effective on January 01, 2025
(a)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(2), eff. January 1, 2025.
(b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 3, eff. Aug. 28, 1967.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(2), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.04. Shall Draw Complaints

Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.05. When Complaint Is Made

If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction;  provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case.  If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.06. May Administer Oaths

For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.07. Attorney Pro Tem

(a)  Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state.
(b)  Except as otherwise provided by this subsection, the duties of the appointed office are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation.  This subsection does not prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney who is appointed to perform additional duties.
(b-1)  An attorney for the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
(d)  In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 4, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 356, ch. 154, Sec. 1, eff. May 23, 1973.
Subsec. (b) amended by and subsec. (b-1) added by Acts 1987, 70th Leg., ch. 918, Sec. 1, eff. Aug. 31, 1987;  Subsecs. (e), (f) added by Acts 1995, 74th Leg., ch. 785, Sec. 1, eff. Sept. 1, 1995;  Subsec. (g) added by Acts 1999, 76th Leg., ch. 1545, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.08. Disqualified

(a)  District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of counsel for the State.
(b)  A judge of a court in which a district or county attorney represents the State shall declare the district or county attorney disqualified for purposes of Article 2.07 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute.  A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 977 (H.B. 1638), Sec. 1, eff. September 1, 2011.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Without reference to the amendment of this article, this article was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.09. Who Are Magistrates

Each of the following officers is a magistrate within the meaning of this Code:  The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code, the magistrates or associate judges appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County, the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, the associate judges appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County, the magistrates appointed by the judges of the district courts and statutory county courts in Denton County, the magistrates appointed by the judges of the district courts and statutory county courts in Grayson County, the associate judges appointed by the judges of the district courts and the statutory county courts of Brazos County, Nueces County, or Williamson County, the magistrates appointed by the judges of the district courts and statutory county courts that give preference to criminal cases in Travis County, the criminal magistrates appointed by the Brazoria County Commissioners Court, the criminal magistrates appointed by the Burnet County Commissioners Court, the magistrates appointed by the El Paso Council of Judges, the county judges, the judges of the county courts at law, judges of the county criminal courts, the judges of statutory probate courts, the associate judges appointed by the judges of the statutory probate courts under Chapter 54A, Government Code, the associate judges appointed by the judge of a district court under Chapter 54A, Government Code, the magistrates appointed under Subchapter JJ, Chapter 54, Government Code, the magistrates appointed by the Collin County Commissioners Court, the magistrates appointed by the Fort Bend County Commissioners Court, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.01, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.001, eff. September 1, 2023.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.10. Duty of Magistrates

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means;  to issue all process intended to aid in preventing and suppressing crime;  to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.101. Magistrate's Name on Signed Order

(a)  Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, the Government Code, or other law of this state must include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
(b)  The failure of a magistrate to include the magistrate's name on an order as provided by Subsection (a) does not affect the validity of the order.
(c)  A defendant in a criminal action may make a motion to add to an order that does not comply with Subsection (a) the name of the magistrate who signed the order if:
(1)  the order is relevant to the action; and
(2)  the defendant is unable to identify the magistrate who signed the order.
(d)  The supreme court may adopt rules to implement this article.
Added by Acts 2023, 88th Leg., R.S., Ch. 421 (H.B. 1712), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.11. Examining Court

When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Without reference to the amendment of this article, this article was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.124. Peace Officers From Adjoining States

(a)  A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only:
(1) during a time in which:
(A) the peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states;  or
(B) the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state;  and
(2) to the extent necessary to:
(A) maintain physical custody of the inmate or defendant while transporting the inmate or defendant;  or
(B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported.
(b) A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only in a municipality some part of the municipal limits of which are within one mile of the boundary between this state and the adjoining state and only at a time the peace officer is regularly assigned to duty in a county, parish, or municipality that adjoins this state.  A peace officer described by this subsection may also as part of the officer's powers in this state enforce the ordinances of a Texas municipality described by this subsection but only after the governing body of the municipality authorizes that enforcement by majority vote at an open meeting.
Added by Acts 1995, 74th Leg., ch. 156, Sec. 1, eff. May 19, 1995.  Amended by Acts 1999, 76th Leg., ch. 107, Sec. 1, eff. Sept. 1, 1999.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.126. Peace Officers Commissioned by the Alabama-Coushatta Tribe of Texas and the Kickapoo Traditional Tribe of Texas

(a)  The tribal council of the Alabama-Coushatta Tribe of Texas or the tribal council of the Kickapoo Traditional Tribe of Texas is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe's reservation.
(b)  Within the boundaries of the tribe's reservation, a peace officer commissioned under this article:
(1)  is vested with all the powers, privileges, and immunities of peace officers;
(2)  may, in accordance with Chapter 14, arrest without a warrant any person who violates a law of the state; and
(3)  may enforce all traffic laws on streets and highways.
(c)  Outside the boundaries of the tribe's reservation, a peace officer commissioned under this article is vested with all the powers, privileges, and immunities of peace officers and may arrest any person who violates any law of the state if the peace officer:
(1)  is summoned by another law enforcement agency to provide assistance; or
(2)  is assisting another law enforcement agency.
(d)  Any officer assigned to duty and commissioned under this article shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law.  The bond may be sued on from time to time in the name of the person injured until the whole amount is recovered.
(e)  Any person commissioned under this article must:
(1)  meet the minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health; and
(2)  meet all standards for certification as a peace officer by the Texas Commission on Law Enforcement.
(f)  A peace officer commissioned under this article is not entitled to state benefits normally provided by the state to a peace officer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1344 (S.B. 1378), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.04, eff. May 18, 2013.
Acts 2019, 86th Leg., R.S., Ch. 681 (S.B. 2143), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 681 (S.B. 2143), Sec. 2, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.127. School Marshals

(a)  Except as provided by Subsection (b), a school marshal may:
(1)  make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by:
(A)  the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;
(B)  the governing body of a private school under Section 37.0813, Education Code; or
(C)  the governing board of a public junior college under Section 51.220, Education Code; and
(2)  only act as necessary to prevent or abate the commission of an offense that threatens serious bodily injury or death of students, faculty, or visitors on school premises.
(a-1)  In this section, "private school" means a school that:
(1)  offers a course of instruction for students in one or more grades from prekindergarten through grade 12;
(2)  is not operated by a governmental entity; and
(3)  is not a school whose students meet the definition provided by Section 29.916(a)(1), Education Code.
(b)  A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.
(c)  A school marshal is not entitled to state benefits normally provided by the state to a peace officer.
(d)  A person may not serve as a school marshal unless the person is:
(1)  licensed under Section 1701.260, Occupations Code; and
(2)  appointed by:
(A)  the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;
(B)  the governing body of a private school under Section 37.0813, Education Code; or
(C)  the governing board of a public junior college under Section 51.220, Education Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1144 (S.B. 386), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 1, eff. June 15, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Without reference to the amendment of this article, this article was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 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 63.00905(g).
(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.
(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.
(f)  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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1999;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 5.0005, eff. Sept. 1, 2003.
Added by Acts 2017, 85th Leg., R.S., Ch. 4, Sec. 6.01, eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 6.01, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(2), eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 729 (H.B. 2660), Sec. 2, eff. September 1, 2023.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 979 (S.B. 2429), Sec. 1, eff. September 1, 2023.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.1305. Carrying Weapon on Certain Premises

(a)  An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon.
(b)  For purposes of this article:
(1)  "Establishment serving the public" means:
(A)  a hotel, motel, or other place of lodging;
(B)  a restaurant or other place where food is offered for sale to the public;
(C)  a retail business or other commercial establishment or an office building to which the general public is invited;
(D)  a sports venue; and
(E)  any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.
(2)  "Sports venue" means an arena, coliseum, stadium, or other type of area or facility that is primarily used or is planned for primary use for one or more professional or amateur sports or athletics events and for which a fee is charged or is planned to be charged for admission to the sports or athletics events, other than occasional civic, charitable, or promotional events.
(c)  An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation.  The attorney general may sue to collect a civil penalty under this subsection.  Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 2017, 85th Leg., R.S., Ch. 124 (H.B. 873), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 484 (H.B. 2164), Sec. 1, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.131. Racial Profiling Prohibited

A peace officer may not engage in racial profiling.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.133. Reports Required for Motor Vehicle Stops

(a)  In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a).
(b)  A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including:
(1)  a physical description of any person operating the motor vehicle who is detained as a result of the stop, including:
(A)  the person's gender; and
(B)  the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2)  the initial reason for the stop;
(3)  whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search;
(4)  whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence;
(5)  the reason for the search, including whether:
(A)  any contraband or other evidence was in plain view;
(B)  any probable cause or reasonable suspicion existed to perform the search; or
(C)  the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle;
(6)  whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged;
(7)  the street address or approximate location of the stop;
(8)  whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and
(9)  whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop.
(c)  The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.02, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.136. Liability

A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.137. Provision of Funding or Equipment

(a)  The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, including specifying criteria to prioritize funding or equipment provided to law enforcement agencies.  The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses.  The criteria must give priority to:
(1)  law enforcement agencies that employ peace officers whose primary duty is traffic enforcement;
(2)  smaller jurisdictions; and
(3)  municipal and county law enforcement agencies.
(b)  The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras.  The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies.
(c)  To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose.
(d)  On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.04, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.138. Rules

The Department of Public Safety may adopt rules to implement Articles 2.131-2.137.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.1385. Civil Penalty

(a)  If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation.  The attorney general may sue to collect a civil penalty under this subsection.
(b)  From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation.
(c)  Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.1386. Eyewitness Identification Protocols

(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)  The Texas Commission on Law Enforcement shall establish a comprehensive education and training program on eyewitness identification, including material regarding variables that affect a witness's vision and memory, practices for minimizing contamination, and effective eyewitness identification protocols.
(c)  Each law enforcement agency shall require each peace officer who is employed by the agency and who performs eyewitness identification procedures to complete the education and training described by Subsection (b).
Added by Acts 2017, 85th Leg., R.S., Ch. 686 (H.B. 34), Sec. 2, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.1387. Intervention Required for Excessive Force; Report Required

(a)  A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if:
(1)  the amount of force exceeds that which is reasonable under the circumstances; and
(2)  the officer knows or should know that the other officer's use of force:
(A)  violates state or federal law;
(B)  puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and
(C)  is not required to apprehend the person suspected of committing an offense.
(b)  A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report.
Added by Acts 2021, 87th Leg., R.S., Ch. 534 (S.B. 69), Sec. 1, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.1395. Reports Required for Certain Injuries or Deaths of Peace Officers

(a)  The office of the attorney general by rule shall create a written and electronic form for the reporting by law enforcement agencies of incidents in which, while a peace officer is performing an official duty, a person who is not a peace officer discharges a firearm and causes injury or death to the officer.  The form must include spaces to report only the following information:
(1)  the date on which the incident occurred;
(2)  the location where the incident occurred;
(3)  the age, gender, and race or ethnicity of each injured or deceased peace officer involved in the incident;
(4)  if known, the age, gender, and race or ethnicity of each person who discharged a firearm and caused injury or death to a peace officer involved in the incident; and
(5)  whether the officer or any other person was injured or died as a result of the incident.
(b)  Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident must complete and submit a written or electronic report, using the form created under that subsection, to the office of the attorney general.  The report must include all information described in Subsection (a).
(c)  Not later than March 1 of each year, the office of the attorney general shall submit a report regarding all incidents described by Subsection (a) that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. The report must include:
(1)  the total number of incidents that occurred;
(2)  a summary of the reports submitted to the office under this article; and
(3)  a copy of each report submitted to the office under this article.
Added by Acts 2015, 84th Leg., R.S., Ch. 516 (H.B. 1036), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 808 (H.B. 245), Sec. 2, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.
Text of article effective until January 01, 2025