reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.13951. Notice of Violation of Reporting Requirements for Certain Injuries or Deaths; Civil Penalty

(a)  The office of the attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the office, asserting that a law enforcement agency failed to submit a report required by Article 2.139 or 2.1395.  If the office determines that the law enforcement agency failed to submit the report, the office shall provide notice of the failure to the agency.  The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable.
(b)  Except as provided by Subsection (c), a law enforcement agency that fails to submit the required report on or before the seventh day after the date of receiving notice under Subsection (a) is liable for a civil penalty in the amount of $1,000 for each day after the seventh day that the agency fails to submit the report.
(c)  Beginning on the day after the date of receiving notice under Subsection (a), a law enforcement agency that, in the five-year period preceding the date the agency received the notice, has been liable for a civil penalty under Subsection (b) or this subsection is liable for a civil penalty for each day the agency fails to submit the required report.  The amount of a civil penalty under this subsection is $10,000 for the first day and $1,000 for each additional day that the agency fails to submit the report.
(d)  The attorney general may sue to collect a civil penalty under this article.
(e)  A civil penalty collected under this article shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B.
Added by Acts 2017, 85th Leg., R.S., Ch. 808 (H.B. 245), Sec. 3, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.05, eff. January 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Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff.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 2.1396. Video Recordings of Arrests for Intoxication Offenses

A person stopped or arrested on suspicion of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is entitled to receive from a law enforcement agency employing the peace officer who made the stop or arrest a copy of any video made by or at the direction of the officer that contains footage of:
(1)  the stop;
(2)  the arrest;
(3)  the conduct of the person stopped during any interaction with the officer, including during the administration of a field sobriety test; or
(4)  a procedure in which a specimen of the person's breath or blood is taken.
Added by Acts 2015, 84th Leg., R.S., Ch. 1124 (H.B. 3791), Sec. 1, eff. September 1, 2015.
Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(3), eff. September 1, 2017.
Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. 808 (H.B. 245), Sec. 4, 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 2.1397. Duties of Law Enforcement Agency Filing Case

(a)  In this article:
(1)  "Attorney representing the state" means an attorney authorized by law to represent the state in a criminal case, including a district attorney, criminal district attorney, or county attorney with criminal jurisdiction.  The term does not include an attorney representing the state in a justice or municipal court under Chapter 45.
(2)  "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)  A law enforcement agency filing a case with the attorney representing the state shall submit to the attorney representing the state a written statement by an agency employee with knowledge of the case acknowledging that all documents, items, and information in the possession of the agency that are required to be disclosed to the defendant in the case under Article 39.14 have been disclosed to the attorney representing the state.
(c)  If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing the state.
Added by Acts 2021, 87th Leg., R.S., Ch. 509 (S.B. 111), 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.1398. Duties of Peace Officer Investigating Stalking, Harassment, or Terroristic Threat

(a)  In this article:
(1)  "Harassment" means any conduct that constitutes an offense under Section 42.07, Penal Code.
(2)  "Stalking" means any conduct that constitutes an offense under Section 42.072, Penal Code.
(3)  "Terroristic threat" means any conduct that constitutes an offense under Section 22.07, Penal Code.
(b)  A peace officer who investigates an allegation of stalking, harassment, or terroristic threat shall advise any possible adult victim of all reasonable means to prevent the occurrence of further offenses, including by providing the written notice adopted by the Health and Human Services Commission under Section 51A.003, Human Resources Code.  In addition to the required notice under this subsection, a peace officer may provide to the possible victim any available written information regarding local resources for victims of stalking, harassment, or terroristic threat.
Added by Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 3, eff. May 13, 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 2.14. May Summon Aid

Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance;  and all persons summoned are bound to obey.
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 2.15. Person Refusing to Aid

The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.
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 2.16. Neglecting to Execute Process

If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court.  The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases.
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 2.17. Conservator of the Peace

Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial.  He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies.  He shall apprehend and commit to jail all offenders, until an examination or trial can be had.
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 2.18. Custody of Prisoners

When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff.  It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail;  but he shall so guard the accused as to prevent escape.
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 2.19. Report as to Prisoners

On the first day of each month, the sheriff shall give notice, in writing, to the district or county attorney, where there be one, as to all prisoners in his custody, naming them, and of the authority under which he detains them.
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 2.195. Report of Warrant or Capias Information

Not later than the 30th day after the date the court clerk issues the warrant or capias, the sheriff:
(1)  shall report to the national crime information center each warrant or capias issued for a defendant charged with a felony who fails to appear in court when summoned; and
(2)  may report to the national crime information center each warrant or capias issued for a defendant charged with a misdemeanor other than a Class C misdemeanor who fails to appear in court when summoned.
Added by Acts 2009, 81st Leg., R.S., Ch. 578 (S.B. 2438), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 531 (H.B. 2472), 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.
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 2.20. Deputy

Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy.  When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office.
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.
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 2.211. Hate Crime Reporting

In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case.  The clerk shall make the report required by this article not later than the 30th day after the date the judgment is entered in the case.
Added by Acts 2001, 77th Leg., ch. 85, Sec. 4.01, 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 2.212. Writ of Attachment Reporting

Not later than the 30th day after the date a writ of attachment is issued in a district court, statutory county court, or county court, the clerk of the court shall report to the Texas Judicial Council:
(1)  the date the attachment was issued;
(2)  whether the attachment was issued in connection with a grand jury investigation, criminal trial, or other criminal proceeding;
(3)  the names of the person requesting and the judge issuing the attachment; and
(4)  the statutory authority under which the attachment was issued.
Added by Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), 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 2.22. Power of Deputy Clerks

Whenever a duty is imposed upon the clerk of the district or county court, the same may be lawfully performed by his deputy.
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 2.23. Report to Attorney General

(a)  The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later than the 10th day after the date the request is received, and in the form prescribed by the Attorney General, information in court records that relates to a criminal matter, including information requested by the Attorney General for purposes of federal habeas review.
(b)  A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review.  The agency or office must provide the record not later than the 10th day after the date the request is received and in the form prescribed by the Attorney General.
(c)  A district court, county court, state agency, or office of an attorney representing the state may not restrict or delay the reproduction or delivery of a record requested by the Attorney General under this article.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2005, 79th Leg., Ch. 933 (H.B. 646), Sec. 1, eff. September 1, 2005.
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 2.24. Authenticating Officer

(a)  The governor may appoint an authenticating officer, in accordance with Subsection (b) of this article, and delegate to that officer the power to sign for the governor or to use the governor's facsimile signature for signing any document that does not have legal effect under this code unless it is signed by the governor.
(b) To appoint an authenticating officer under this article, the governor shall file with the secretary of state a document that contains:
(1) the name of the person to be appointed as authenticating officer and a copy of the person's signature;
(2) the types of documents the authenticating officer is authorized to sign for the governor;  and
(3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature.
(c) The governor may revoke an appointment made under this article by filing with the secretary of state a document that expressly revokes the appointment of the authenticating agent.
(d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner:  "__________, Authenticating Officer for Governor __________."
(e) If a provision of this code requires the governor's signature on a document before that document has legal effect, the authorized signature of the authenticating officer or an authorized facsimile signature of the governor gives the document the same legal effect as if it had been signed manually by the governor.
Added by Acts 1983, 68th Leg., p. 4289, ch. 684, Sec. 1, eff. June 19, 1983.
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 2.25. Reporting Certain Aliens to Federal Government

A judge shall report to the United States Immigration and Naturalization Service a person who has been convicted in the judge's court of a crime or has been placed on deferred adjudication for a felony and is an illegal criminal alien as defined by Section 493.015(a), Government Code.
Added by Acts 1995, 74th Leg., ch. 85, Sec. 2, eff. May 16, 1995.
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 2.251. Duties Related to Immigration Detainer Requests

(a)  A law enforcement agency that has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement shall:
(1)  comply with, honor, and fulfill any request made in the detainer request provided by the federal government; and
(2)  inform the person that the person is being held pursuant to an immigration detainer request issued by United States Immigration and Customs Enforcement.
(b)  A law enforcement agency is not required to perform a duty imposed by Subsection (a) with respect to a person who has provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver's license or similar government-issued identification.
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 2.01, 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2 - General Duties of Officers › Article 2.26. Digital Signature and Electronic Documents

(a)  In this section, "digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature.
(b)  An electronically transmitted document issued or received by a court or a clerk of the court in a criminal matter is considered signed if a digital signature is transmitted with the document.
(b-1)  An electronically transmitted document is a written document for all purposes and exempt from any additional writing requirement under this code or any other law of this state.
(c)  This section does not preclude any symbol from being valid as a signature under other applicable law, including Section 1.201(b)(37), Business & Commerce Code.
(d) The use of a digital signature under this section is subject to criminal laws pertaining to fraud and computer crimes, including Chapters 32 and 33, Penal Code.
Added by Acts 1999, 76th Leg., ch. 701, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 312 (S.B. 611), Sec. 1, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 312 (S.B. 611), Sec. 2, eff. June 17, 2005.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.001, eff. September 1, 2021.
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 2.27. Investigation of Certain Reports Alleging Abuse

(a)  On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report.
(b)  On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution under Section 242.126(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 242.135, Health and Safety Code.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 6.001, 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.
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 2.271. Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation

Notwithstanding Article 2.27, on receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(d), eff. September 28, 2011.
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 2.272. Law Enforcement Response to Child Safety Check Alert

(a)  If a peace officer locates a child or other person listed on the Texas Crime Information Center's child safety check alert list established under Section 261.3022, Family Code, the officer shall:
(1)  immediately contact the Department of Family and Protective Services on the department's dedicated law-enforcement telephone number for statewide intake;
(2)  request information from the department regarding the circumstances of the case involving the child or other person; and
(3)  request information from the child and the other person regarding the child's safety, well-being, and current residence.
(b)  The peace officer may temporarily detain the child or other person to ensure the safety and well-being of the child.
(c)  If the peace officer determines that the circumstances described by Section 262.104, Family Code, exist, the officer may take temporary possession of the child without a court order as provided by Section 262.104, Family Code.  If the peace officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the Department of Family and Protective Services.
(d)  A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list and who reports the child's or other person's current address and other relevant information to the Department of Family and Protective Services shall report to the Texas Crime Information Center that the child or other person has been located and to whom the child was released, as applicable.
Added by Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 6, eff. September 1, 2015.
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 2.273. Release of Child by Law Enforcement Officer

(a)  A law enforcement officer who takes possession of a child under Section 262.104, Family Code, may release the child to:
(1)  a residential child-care facility licensed by the Department of Family and Protective Services under Chapter 42, Human Resources Code, if the facility is authorized by the department to take possession of the child;
(2)  a juvenile probation department;
(3)  the Department of Family and Protective Services; or
(4)  any other person authorized by law to take possession of the child.
(b)  Before a law enforcement officer may release a child to a person authorized by law to take possession of the child other than a governmental entity, the officer shall:
(1)  verify with the National Crime Information Center that the child is not a missing child;
(2)  search the relevant databases of the National Crime Information Center system, including those pertaining to protection orders, historical protection orders, warrants, sex offender registries, and persons on supervised release to:
(A)  verify that the person to whom the child is being released:
(i)  does not have a protective order issued against the person; and
(ii)  is not registered as a sex offender unless the person is the child's parent or guardian and there are no restrictions regarding the person's contact with the child; and
(B)  obtain any other information the Department of Family and Protective Services considers:
(i)  relevant to protect the welfare of the child; or
(ii)  reflective of the responsibility of the person to whom the child is being released;
(3)  call the Department of Family and Protective Services Texas Abuse Hotline to determine whether the person to whom the child is being released is listed in the registry as a person who abused or neglected a child;
(4)  verify that the person to whom the child is being released is at least 18 years of age; and
(5)  maintain a record regarding the child's placement, including:
(A)  identifying information about the child, including the child's name or pseudonyms; and
(B)  the name and address of the person to whom the child is being released.
Added by Acts 2017, 85th Leg., R.S., Ch. 926 (S.B. 1571), 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 2.28. Duties Regarding Misused Identity

On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:
(1) notify the person that:
(A) the person's identifying information was misused by another person arrested in the county;
(B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code;  and
(C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code;  and
(2) notify the Department of Public Safety regarding:
(A) the misuse of the identifying information;
(B) the actual identity of the person arrested, if known by the agency;  and
(C) whether the agency was able to notify the person whose identifying information was misused.
Added by Acts 2003, 78th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2003.
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 2.29. Report Required in Connection With Fraudulent Use or Possession of Identifying Information

(a)  A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information:
(1)  the name of the victim;
(2)  the name of the suspect, if known;
(3)  the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and
(4)  the results of any investigation.
(b)  On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim.  In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 294 (S.B. 122), Sec. 1(a), eff. September 1, 2005.
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 2.295. Report Required in Connection With Unauthorized Acquisition or Transfer of Certain Financial Information

(a)  A peace officer to whom an alleged violation of Section 31.17, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information:
(1)  the name of the victim;
(2)  the name of the suspect, if known;
(3)  the type of financial sight order or payment card information obtained or transferred in violation of Section 31.17, Penal Code; and
(4)  the results of any investigation.
(b)  On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim.  In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 260 (H.B. 1215), Sec. 2, 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.
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 2.30. Report Concerning Certain Assaultive or Terroristic Offenses

(a)  This article applies only to the following offenses:
(1)  assault under Section 22.01, Penal Code;
(2)  aggravated assault under Section 22.02, Penal Code;
(3)  sexual assault under Section 22.011, Penal Code;
(4)  aggravated sexual assault under Section 22.021, Penal Code; and
(5)  terroristic threat under Section 22.07, Penal Code.
(b)  A peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a).
(c)  On request of a victim of an offense listed under Subsection (a), the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is:
(1)  contained in the written report prepared under Subsection (b);
(2)  described by Article 5.05(a)(1) or (2); and
(3)  not exempt from disclosure under Chapter 552, Government Code, or other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1057 (H.B. 2210), Sec. 1, eff. September 1, 2007.
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 2.31. County Jailers

If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training program provided by the sheriff, the jailer may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including:
(1)  a warrant under Chapter 15, 17, or 18;
(2)  a capias under Chapter 17 or 23;
(3)  a subpoena under Chapter 20A or 24; or
(4)  an attachment under Chapter 20A or 24.
Added by Acts 2011, 82nd Leg., R.S., Ch. 176 (S.B. 604), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.07, eff. January 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(3), eff. January 1, 2025.
Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 2
For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 176 (S.B. 604), Sec. 1, see other Art. 2.31.
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 2.31. County Jailers

A jailer licensed under Chapter 1701, Occupations Code, may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including:
(1)  a warrant under Chapter 15, 17, or 18;
(2)  a capias under Chapter 17 or 23;
(3)  a subpoena under Chapter 20A or 24; or
(4)  an attachment under Chapter 20A or 24.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.08, eff. January 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(3), 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 2.33. Law Enforcement Policy on Use of Force by Drone

(a) In this article:
(1)  "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that:
(A)  is controlled remotely by a human operator; or
(B)  operates autonomously through computer software or other programming.
(2)  "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 that uses or intends to use a drone for law enforcement purposes shall:
(1)  adopt a written policy regarding the agency's use of force by means of a drone, before the agency first uses a drone, and update the policy as necessary; and
(2)  not later than January 1 of each even-numbered year, submit the policy to the Texas Commission on Law Enforcement in the manner prescribed by the commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 1011 (H.B. 1758), Sec. 1, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(4), 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 2.34. Use of Neck Restraints During Search or Arrest Prohibited

A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person.
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(4), eff. January 1, 2025.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(6), 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 2.35. Duty to Request and Render Aid

(a)  Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall immediately and as necessary:
(1)  request emergency medical services personnel to provide the person with emergency medical services; and
(2)  while waiting for emergency medical services personnel to arrive, provide first aid or treatment to the person to the extent of the officer's skill and training.
(b)  The peace officer is not required to request emergency medical services or provide first aid or treatment under Subsection (a) if:
(1)  making the request or providing the treatment would expose the officer or another person to a risk of bodily injury; or
(2)  the officer is injured and physically unable to make the request or provide the treatment.
Added by Acts 2021, 87th Leg., R.S., Ch. 979 (S.B. 2212), Sec. 1, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(4), eff. January 1, 2025.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(7), eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2A - Officers; Powers and Duties › Subchapter A. Types of Peace Officers › Article 2A.003. Peace Officers Commissioned by Tribal Council

(a)  The tribal council of the Alabama-Coushatta Tribe of Texas or of the Kickapoo Traditional Tribe of Texas may employ and commission peace officers to enforce state law within the respective tribe's reservation.
(b)  A peace officer commissioned under this article has all the powers, privileges, and immunities of a peace officer and may:
(1)  within the tribe's reservation:
(A)  arrest without a warrant in accordance with Chapter 14 any person who violates a law of the state; and
(B)  enforce all traffic laws on streets and highways; and
(2)  outside the tribe's reservation, arrest any person who violates any law of the state if the officer:
(A)  is summoned by another law enforcement agency to provide assistance; or
(B)  is assisting another law enforcement agency.
(c)  A peace officer commissioned under this article is not entitled to state benefits normally provided by the state to a peace officer.
(d)  A peace officer commissioned under this article must meet:
(1)  the minimum standards required of peace officers by the Texas Commission on Law Enforcement relating to competence, reliability, education, training, morality, and physical and mental health; and
(2)  all standards for licensing as a peace officer by the Texas Commission on Law Enforcement.
(e)  A peace officer commissioned under this article and assigned to duty shall:
(1)  take and file the oath required of a peace officer; and
(2)  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 officer's duties as may be required by law.
(f)  The bond required under Subsection (e)(2) may be sued on in the name of the person injured until the whole amount is recovered.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2A - Officers; Powers and Duties › Subchapter A. Types of Peace Officers › Article 2A.004. Peace Officers From Adjoining States

(a)  A commissioned peace officer of a state adjoining this state, while the officer is in this state, has the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but:
(1)  only:
(A)  during a time in which the officer has physical custody of an inmate or criminal defendant and is:
(i)  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
(ii)  returning the inmate or defendant from the hospital or facility described by Subparagraph (i) to the county in the adjoining state from which the inmate or defendant was transported under that subparagraph; and
(B)  to the extent necessary to:
(i)  maintain physical custody of an inmate or criminal defendant while transporting the inmate or defendant; or
(ii)  regain physical custody of an inmate or criminal defendant if the inmate or defendant escapes while being transported; or
(2)  only while the officer is:
(A)  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
(B)  regularly assigned to duty in a county, parish, or municipality that adjoins this state.
(b)  A peace officer described by Subsection (a)(2) may also enforce the ordinances of a municipality in this state described by that subdivision if the governing body of the municipality authorizes that enforcement by majority vote at an open meeting.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2A - Officers; Powers and Duties › Subchapter A. Types of Peace Officers › Article 2A.008. School Marshals

(a)  In this article, "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 are home-schooled students as defined by Section 29.916, Education Code.
(b)  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.
(c)  Except as provided by Subsection (d), a school marshal may:
(1)  make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by, as applicable:
(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)  act only as necessary to prevent or abate the commission of an offense that threatens serious bodily injury to or the death of a student, faculty member, or visitor on school premises.
(d)  A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.
(e)  A school marshal is not entitled to state benefits normally provided by the state to a peace officer.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2A - Officers; Powers and Duties › Subchapter B. Powers and Duties of Peace Officers and Law Enforcement Agencies › Article 2A.051. General Powers and Duties of Peace Officers

Each peace officer shall:
(1)  preserve the peace within the officer's jurisdiction using all lawful means;
(2)  in every case authorized by this code, interfere without a warrant to prevent or suppress crime;
(3)  execute all lawful process issued to the officer by a magistrate or court;
(4)  give notice to an appropriate magistrate of all offenses committed in the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law;
(5)  when authorized by law, arrest an offender without a warrant so the offender may be taken before the proper magistrate or court and be tried;
(6)  take possession of a child under Article 63.009(g); and
(7)  on a request made by the Texas Civil Commitment Office, execute an emergency detention order issued by that office under Section 841.0837, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 2A - Officers; Powers and Duties › Subchapter B. Powers and Duties of Peace Officers and Law Enforcement Agencies › Article 2A.052. Carrying Weapon on Certain Premises; Civil Penalty

(a) In 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 public is invited;
(D)  a sports venue; and
(E)  any other place of public accommodation, amusement, convenience, or resort to which the public or any classification of persons from the 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 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.
(b)  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 officer or investigator is otherwise authorized to carry, regardless of whether the officer or investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon.
(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 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025