2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter B. Justice Centers Located on State Line › Section 361.028. Extent to Which Each State's Law Applies at Justice Center

Sec. 361.028.  EXTENT TO WHICH EACH STATE'S LAW APPLIES AT JUSTICE CENTER.  (a)  Except as otherwise provided by this subchapter, the law of both states that relates to the rights, duties, liabilities, privileges, and immunities arising from conduct applies to conduct that occurs in any part of the justice center.  If it is impossible for a person in the center to conform the person's conduct to the law of both states, the person may choose which state's law governs the conduct.  If the person elects to follow the law of the other state, the conflicting law of this state does not apply to the conduct.
(b)  The physical plant of the justice center and the equipment and facilities used by personnel of both states who are employed at the center are constructively located in both states.
(c)  Except as provided by Subsection (d), property located in any part of the justice center that is owned by or is in the possession of a person who is in custody at, or who is summoned to appear in, the center, is constructively located in the state under the law of which the person was taken into custody or was summoned to appear.
(d)  Subsection (a) applies to conduct committed in the justice center that constitutes an offense relating to the possession of property.  Subsection (a) also applies to a person's exercise of a duty relating to property located in the justice center.
(e)  Property that is ordered by a court to be produced in the justice center or that is in the possession of a peace officer or a party to a proceeding for use as evidence before a court holding a proceeding in the center is constructively located in the state in which the court has jurisdiction.
(f)  Any property located in the justice center that is not covered by Subsection (c), (d), or (e) is constructively located in both states.
(g)  The law of the state in which property is constructively located applies to that property to the same extent that that law would apply if the property were actually located in that state.  If property is constructively located in only one state, the law of the state in which the property is not constructively located applies to that property only to the extent that the law of that state would apply if the property were actually located outside that state.
(h)  Except as otherwise provided by this subchapter, the courts of both states have concurrent jurisdiction over the geographic area covered by the justice center.  However, the state in which a prosecution for an offense committed in the justice center is first instituted may exercise its jurisdiction to the exclusion of the other state's jurisdiction unless the prosecution is terminated without the attachment of jeopardy under the law of the state of the initial prosecution.  For the purposes of this subsection, prosecution is instituted in this state on the filing of an indictment, an information, or a complaint.  The attachment of jeopardy in this state is determined by Article 27.05, Code of Criminal Procedure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.