By: Hopper H.B. No. 1982       A BILL TO BE ENTITLED   AN ACT   relating to limitations on federal authority and federal agents in   this state, including the licensure of federal agents and special   procedures for executing federal warrants; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS          SECTION 1.01.  Title 7, Government Code, is amended by   adding Chapter 741 to read as follows:   CHAPTER 741. LIMITATIONS ON FEDERAL AUTHORITY AND FEDERAL AGENTS   IN THIS STATE   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 741.001.  DEFINITIONS. In this chapter:                (1)  "federal agent" means an elected or appointed   federal officer or any employee of a federal agency, including a   federal law enforcement officer.                (2)  "Criminal prosecutions division" means the   criminal prosecutions division of the attorney general's office.          Sec. 741.002.  CONFLICT OF LAWS. To the extent this chapter   conflicts with another law, this chapter prevails.   SUBCHAPTER B. PEACE OFFICER LICENSING          Sec. 741.051.  LICENSURE OF FEDERAL AGENT AS PEACE OFFICER   PROHIBITED. The Texas Commission on Law Enforcement may not issue a   peace officer license to a federal agent.          Sec. 741.052.  REVOCATION OF PEACE OFFICER LICENSE IF PERSON   IS FEDERAL AGENT. The Texas Commission on Law Enforcement shall   revoke under the procedures provided by Subchapter K, Chapter 1701,   Occupations Code, the peace officer license of a person who is a   federal agent.   SUBCHAPTER C. SPECIAL PROCEDURE FOR FEDERAL WARRANTS          Sec. 741.101.  ATTORNEY GENERAL REVIEW OF FEDERAL WARRANT.          (a)  A search or arrest warrant issued by a federal court,   including the United States Foreign Intelligence Surveillance   Court, against a United States citizen domiciled in Texas, may not   be executed in this state unless:                (1)  the warrant is reviewed and approved by criminal   prosecutions division of the attorney general's office; and                (2)  the appropriate sheriff for the county where the   warrant is to be executed;                (3)  subject to Section 741.103, the appropriate   sheriff may at their discretion execute the warrant on behalf of the   federal government.          (b)  A federal agent may apply to the attorney general for   review of a warrant described by Subsection (a). The application   must include:                (1)  all of the evidence that forms the basis for the   finding of probable cause underlying the warrant, regardless of   which court or grand jury the evidence was presented to; and                (2)  any rulings, findings of fact, or conclusions of   law the court made in issuing the warrant.          (c)  In the discretion of the attorney general, the attorney   general may approve or disapprove the execution of the warrant in   this state.          Sec. 741.102.  APPROVED WARRANT PROVIDED TO APPROPRIATE   SHERIFF. On approving a warrant under Section 741.101, the   attorney general shall provide a certified copy of the warrant to   the appropriate sheriff with jurisdiction of the county in which   the warrant is to be executed.          Sec. 741.103.  SHERIFF MAY REFUSE OR EXECUTE WARRANT. (a)   On receipt of a warrant under Section 741.102, the sheriff may:                (1)  execute the warrant;                (2)  grant authority for federal law enforcement to   execute the warrant; or                (3)  refuse to execute the warrant.          (b)  If the sheriff executes a warrant described by Section   741.102, a federal agent may only be present when the warrant is   executed with approval of the sheriff for the county in which the   warrant is to be executed.   SUBCHAPTER D. HEARING REQUIRED FOR SURRENDER OF TEXAS CITIZEN TO   FEDERAL CUSTODY          Sec. 741.151.  (a)  In this section, "correctional facility"   has the meaning assigned by Section 1.07, Penal Code.          (b)  A citizen of this state confined in any correctional   facility in this state is entitled to a hearing before the citizen   may be transferred into the custody of a federal agent or agency.          (c)  The hearing must be held by a district court of this   state.   SUBCHAPTER E. LIMITATIONS ON FEDERAL AUTHORITY          Sec. 741.201.  CERTAIN FEDERAL AUTHORITY NOT RECOGNIZED.   (a) A federal agent may not discharge the agent's official duties   on any property in this state, other than property for which the   United States has exclusive or concurrent jurisdiction and only to   the extent of that jurisdiction, unless the federal agent is   discharging official duties for which legal authority is   specifically enumerated in the United States Constitution, or is   acting pursuant to the request, or with the approval of, state or   local law enforcement.          (b)  This state does not recognize the authority under   federal law for a federal agent to engage in conduct that violates   Subsection (a).          SECTION 1.02.  Section 37.11(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person:                (1)  impersonates a public servant with intent to   induce another to submit to the person's pretended official   authority or to rely on the person's pretended official acts; [or]                (2)  knowingly purports to exercise, without legal   authority, any function of a public servant or of a public office,   including that of a judge and court; or                (3)  knowingly engages in conduct that violates Section   741.201(a), Government Code.          SECTION 1.03.  Art. 2A.002(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  The following criminal investigators of the United   States are not peace officers butand do not have the powers of   arrest, search, and seizure, for violations of law in this state not   expressly granted by statute, unless at the direction of state and   local law enforcement or as to felony offenses only:   ARTICLE 2. CONFORMING AMENDMENTS          SECTION 2.01.  Article 2A.052(b), Code of Criminal   Procedure, is amended to read as follows:          (b)  An establishment serving the public may not prohibit or   otherwise restrict a peace officer or federal special investigator   as defined by Section 1.07, Penal Code, 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.          SECTION 2.02.  The heading to Article 38.141, Code of   Criminal Procedure, is amended to read as follows:          Art. 38.141.  TESTIMONY OF UNDERCOVER PEACE OFFICER OR   SPECIAL INVESTIGATOR.          SECTION 2.03.  Articles 38.141(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  A defendant may not be convicted of an offense under   Chapter 481, Health and Safety Code, on the testimony of a person   who is not a licensed peace officer or a special investigator but   who is acting covertly on behalf of a law enforcement agency or   under the color of law enforcement unless the testimony is   corroborated by other evidence tending to connect the defendant   with the offense committed.          (c)  In this article, "peace officer" means a person listed   in Article 2A.001, and "special investigator" means a person listed   in Article 2A.002.          SECTION 2.04.  Section 552.1175(a), Government Code, is   amended to read as follows:          (a)  This section applies only to:                (1)  current or honorably retired peace officers as   defined by Article 2A.001, Code of Criminal Procedure, or federal   special investigators as defined by Section 1.07, Penal Code   described by Article 2A.002, Code of Criminal Procedure;                (2)  current or honorably retired county jailers as   defined by Section 1701.001, Occupations Code;                (3)  current or former employees of the Texas   Department of Criminal Justice or of the predecessor in function of   the department or any division of the department;                (4)  commissioned security officers as defined by   Section 1702.002, Occupations Code;                (5)  a current or former district attorney, criminal   district attorney, or county or municipal attorney whose   jurisdiction includes any criminal law or child protective services   matters;                (6) [(5-a)]  a current or former employee of a district   attorney, criminal district attorney, or county or municipal   attorney whose jurisdiction includes any criminal law or child   protective services matters;                (7) [(6)]  officers and employees of a community   supervision and corrections department established under Chapter   76 who perform a duty described by Section 76.004(b);                (8) (7)  criminal investigators of the United States as   described by Article 2A.002(a), Code of Criminal Procedure;                (9) (8)  current or honorably retired police officers   and inspectors of the United States Federal Protective Service;                (10) (9)  current and former employees of the office of   the attorney general who are or were assigned to a division of that   office the duties of which involve law enforcement or are performed   under Chapter 231, Family Code;                (11) (10)  current or former juvenile probation and   detention officers certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code;                (12) (11)  current or former employees of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code;                (13) (12)  current or former employees of the Texas   Juvenile Justice Department or the predecessors in function of the   department;                (14) (13)  federal judges and state judges as defined   by Section 1.005, Election Code;                (15) (14)  current or former employees of the Texas   Civil Commitment Office or of the predecessor in function of the   office or a division of the office;                (16) (15)  a current or former member of the United   States Army, Navy, Air Force, Coast Guard, or Marine Corps, an   auxiliary service of one of those branches of the armed forces, or   the Texas military forces, as that term is defined by Section   437.001;                (17) (16)  a current or former child protective   services caseworker, adult protective services caseworker, or   investigator for the Department of Family and Protective Services   or a current or former employee of a department contractor   performing child protective services caseworker, adult protective   services caseworker, or investigator functions for the contractor   on behalf of the department;                (18) (17)  an elected public officer;                (19) (18)  a firefighter or volunteer firefighter or   emergency medical services personnel as defined by Section 773.003,   Health and Safety Code; and                (20) (19)  a current or former United States attorney,   assistant United States attorney, federal public defender, deputy   federal public defender, or assistant federal public defender.          SECTION 2.05.  Section 3105.003(a), Government Code, is   amended to read as follows:          (a)  A person is eligible to have the person's name on the   monument if the person was killed in the line of duty and was:                (1)  a law enforcement officer or peace officer for   this state or a political subdivision of this state under Article   2A.001, Code of Criminal Procedure, or other law;                (2)  a federal law enforcement officer or special agent   performing duties in this state, including those officers under   Article 2A.002, Code of Criminal Procedure;                (3)  a corrections or detention officer or county or   municipal jailer employed or appointed by a municipal, county, or   state penal institution in this state; or                (4)  employed by this state or a political subdivision   of this state and considered by the person's employer to be a   trainee for a position described by Subdivision (1), (2), or (3).          SECTION 2.06.  Section 243.051(a), Human Resources Code, is   amended to read as follows:          (a)  If a child who has been committed to the department and   placed by the department in any institution or facility has escaped   or has been released under supervision and broken the conditions of   release:                (1)  a sheriff, deputy sheriff, constable, [special   investigator,] or peace officer may, without a warrant, arrest the   child; or                (2)  a department employee designated by the executive   director may, without a warrant or other order, take the child into   the custody of the department.          SECTION 2.09.  Section 86.0021(a), Local Government Code, is   amended to read as follows:          (a)  A person is not eligible to serve as constable unless:                (1)  the person is eligible to be licensed under   Sections 1701.309 and 1701.312, Occupations Code, and:                      (A)  has at least an associate's degree conferred   by an institution of higher education accredited by an accrediting   organization recognized by the Texas Higher Education Coordinating   Board; or                      (B)  [is a special investigator under Article   2A.002(a), Code of Criminal Procedure; or                      [(C)]  is an honorably retired peace officer or   honorably retired federal criminal investigator who holds a   certificate of proficiency issued under Section 1701.357,   Occupations Code; or                (2)  the person is an active or inactive licensed peace   officer under Chapter 1701, Occupations Code.          SECTION 2.10.  Section 1.07(a)(46-b), Penal Code, is amended   to read as follows:                (46-b)  "Federal special investigator" means a person   described by Article 2A.002, Code of Criminal Procedure          SECTION 2.11.  Section 20.01(8), Penal Code, is amended to   read as follows:                (8)  "Federal special [Special] investigator" includes   an agent of the United States Department of Homeland Security.          SECTION 2.12.  Section 20.05(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person knowingly:                (1)  uses a motor vehicle, aircraft, watercraft, or   other means of conveyance to transport an individual with the   intent to:                      (A)  conceal the individual from a peace officer   or federal special investigator; or                      (B)  flee from a person the actor knows is a peace   officer or federal special investigator attempting to lawfully   arrest or detain the actor;                (2)  encourages or induces a person to enter or remain   in this country in violation of federal law by concealing,   harboring, or shielding that person from detection; or                (3)  assists, guides, or directs two or more   individuals to enter or remain on agricultural land without the   effective consent of the owner.          SECTION 2.13.  Section 30.05(i), Penal Code, is amended to   read as follows:          (i)  This section does not apply if:                (1)  the basis on which entry on the property or land or   in the building was forbidden is that entry with a handgun or other   weapon was forbidden; and                (2)  the actor at the time of the offense was a peace   officer, including a commissioned peace officer of a recognized   state, or a federal special investigator under Article 2A.002, Code   of Criminal Procedure, regardless of whether the peace officer or   federal special investigator was engaged in the actual discharge of   an official duty while carrying the weapon.          SECTION 2.14.  Section 46.15(a), Penal Code, as amended by   Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts   of the 88th Legislature, Regular Session, 2023, is reenacted and   amended to read as follows:          (a)  Sections 46.02 and 46.03 do not apply to:                (1)  peace officers or federal special investigators   under Article 2A.002, Code of Criminal Procedure, and neither   section prohibits a peace officer or federal special investigator   from carrying a weapon in this state, including in an establishment   in this state serving the public, regardless of whether the peace   officer or federal special investigator is engaged in the actual   discharge of the officer's or investigator's duties while carrying   the weapon;                (2)  parole officers, and neither section prohibits an   officer from carrying a weapon in this state if the officer is:                      (A)  engaged in the actual discharge of the   officer's duties while carrying the weapon; and                      (B)  in compliance with policies and procedures   adopted by the Texas Department of Criminal Justice regarding the   possession of a weapon by an officer while on duty;                (3)  community supervision and corrections department   officers appointed or employed under Section 76.004, Government   Code, and neither section prohibits an officer from carrying a   weapon in this state if the officer is:                      (A)  engaged in the actual discharge of the   officer's duties while carrying the weapon; and                      (B)  authorized to carry a weapon under Section   76.0051, Government Code;                (4)  an active or retired judicial officer as defined   by Section 411.201, Government Code, who is licensed to carry a   handgun under Subchapter H, Chapter 411, Government Code;                (5)  an honorably retired peace officer or other   qualified retired law enforcement officer, as defined by 18 U.S.C.   Section 926C, who holds a certificate of proficiency issued under   Section 1701.357, Occupations Code, and is carrying a photo   identification that is issued by a federal, state, or local law   enforcement agency, as applicable, and that verifies that the   officer is an honorably retired peace officer or other qualified   retired law enforcement officer;                (6)  the attorney general or a United States attorney,   district attorney, criminal district attorney, county attorney, or   municipal attorney who is licensed to carry a handgun under   Subchapter H, Chapter 411, Government Code;                (7)  an assistant United States attorney, assistant   attorney general, assistant district attorney, assistant criminal   district attorney, or assistant county attorney who is licensed to   carry a handgun under Subchapter H, Chapter 411, Government Code;                (8)  a bailiff designated by an active judicial officer   as defined by Section 411.201, Government Code, who is:                      (A)  licensed to carry a handgun under Subchapter   H, Chapter 411, Government Code; and                      (B)  engaged in escorting the judicial officer;                (9)  a juvenile probation officer who is authorized to   carry a firearm under Section 142.006, Human Resources Code;                (10)  a person who is volunteer emergency services   personnel if the person is:                      (A)  carrying a handgun under the authority of   Subchapter H, Chapter 411, Government Code; and                      (B)  engaged in providing emergency services;   [or]                (11)  a person who:                      (A)  retired after serving as a judge or justice   described by Section 411.201(a)(1), Government Code; and                      (B)  is licensed to carry a handgun under   Subchapter H, Chapter 411, Government Code; or                (12) [(11)]  a district or county clerk who is carrying   a handgun the clerk is licensed to carry under Subchapter H, Chapter   411, Government Code.          SECTION 2.15.  Section 201.910(b), Transportation Code, is   amended to read as follows:          (b)  As used in this section, "peace officer" means a person   who was:                (1)  a law enforcement officer or peace officer for   this state or a political subdivision of this state under Article   2A.001, Code of Criminal Procedure, or other law; or                (2)  a federal law enforcement officer or special agent   performing duties in this state, including those officers under   Article 2A.002, Code of Criminal Procedure.          SECTION 2.16.  Section 521.1211(a)(1), Transportation Code,   is amended to read as follows:                (1)  "Peace officer" has the meaning assigned by   Article 2A.001, Code of Criminal Procedure, except that the term   includes a federal special investigator as defined by Article   2A.002, Code of Criminal Procedure.          SECTION 2.17.  Section 25.025(a), Tax Code, as amended by   Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.   4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular   Session, 2023, is reenacted and amended to read as follows:          (a)  This section applies only to:                (1)  a current or former peace officer as defined by   Article 2A.001, Code of Criminal Procedure, and the spouse or   surviving spouse of the peace officer;                (2)  the adult child of a current peace officer as   defined by Article 2A.001, Code of Criminal Procedure;                (3)  a current or honorably retired county jailer as   defined by Section 1701.001, Occupations Code;                (4)  an employee of the Texas Department of Criminal   Justice;                (5)  a commissioned security officer as defined by   Section 1702.002, Occupations Code;                (6)  an individual who shows that the individual, the   individual's child, or another person in the individual's household   is a victim of family violence as defined by Section 71.004, Family   Code, by providing:                      (A)  a copy of a protective order issued under   Chapter 85, Family Code, or a magistrate's order for emergency   protection issued under Article 17.292, Code of Criminal Procedure;   or                      (B)  other independent documentary evidence   necessary to show that the individual, the individual's child, or   another person in the individual's household is a victim of family   violence;                (7)  an individual who shows that the individual, the   individual's child, or another person in the individual's household   is a victim of sexual assault or abuse, stalking, or trafficking of   persons by providing:                      (A)  a copy of a protective order issued under   Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a   magistrate's order for emergency protection issued under Article   17.292, Code of Criminal Procedure; or                      (B)  other independent documentary evidence   necessary to show that the individual, the individual's child, or   another person in the individual's household is a victim of sexual   assault or abuse, stalking, or trafficking of persons;                (8)  a participant in the address confidentiality   program administered by the attorney general under Subchapter B,   Chapter 58, Code of Criminal Procedure, who provides proof of   certification under Article 58.059, Code of Criminal Procedure;                (9)  a federal judge, a federal bankruptcy judge, a   marshal of the United States Marshals Service, a state judge, or a   family member of a federal judge, a federal bankruptcy judge, a   marshal of the United States Marshals Service, or a state judge;                (10)  a current or former district attorney, criminal   district attorney, or county or municipal attorney whose   jurisdiction includes any criminal law or child protective services   matters;                (11)  a current or former employee of a district   attorney, criminal district attorney, or county or municipal   attorney whose jurisdiction includes any criminal law or child   protective services matters;                (12)  an officer or employee of a community supervision   and corrections department established under Chapter 76,   Government Code, who performs a duty described by Section 76.004(b)   of that code;                (13)  a criminal investigator of the United States as   described by Article 2A.002(a), Code of Criminal Procedure;                (14)  a current or honorably retired police officer or   inspector of the United States Federal Protective Service;                (15)  a current or former United States attorney,   assistant United States attorney, federal public defender, deputy   federal public defender, or assistant federal public defender and   the spouse and child of the attorney or public defender;                (16)  a current or former employee of the office of the   attorney general who is or was assigned to a division of that office   the duties of which involve law enforcement or are performed under   Chapter 231, Family Code;                (17)  a medical examiner or person who performs   forensic analysis or testing who is employed by this state or one or   more political subdivisions of this state;                (18)  a current or former member of the United States   armed forces who has served in an area that the president of the   United States by executive order designates for purposes of 26   U.S.C. Section 112 as an area in which armed forces of the United   States are or have engaged in combat;                (19)  a current or former employee of the Texas   Juvenile Justice Department or of the predecessors in function of   the department;                (20)  a current or former juvenile probation or   supervision officer certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code;                (21)  a current or former employee of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code;                (22)  a current or former employee of the Texas Civil   Commitment Office or the predecessor in function of the office or a   division of the office;                (23)  a current or former employee of a federal judge or   state judge;                (24)  a current or former child protective services   caseworker, adult protective services caseworker, or investigator   for the Department of Family and Protective Services or a current or   former employee of a department contractor performing child   protective services caseworker, adult protective services   caseworker, or investigator functions for the contractor on behalf   of the department;                (25)  an elected public officer;                (26)  a firefighter or volunteer firefighter or   emergency medical services personnel as defined by Section 773.003,   Health and Safety Code;                (27)  a customs and border protection officer or border   patrol agent of United States Customs and Border Protection or the   spouse, surviving spouse, or adult child of a customs and border   protection officer or border patrol agent;                (28) [(27)  a current or former attorney for the   Department of Family and Protective Services                [(27)]  a current or former employee or contract staff   member of a university health care provider at a corrections   facility operated by the Texas Department of Criminal Justice or   the Texas Juvenile Justice Department; and                (29) [(28)]  a current or former attorney for the   Department of Family and Protective Services.   ARTICLE 3. REPEALER; TRANSITIONS; EFFECTIVE DATE          SECTION 3.01.  The following provisions are repealed:                (1)  Section 100.001, Civil Practice and Remedies Code.                (2)  Section 85.011, Local Government Code, Subsection   (3).          SECTION 3.02.  Section 741.052, Government Code, as added by   this Act, applies to a person who holds a peace officer license and   is a federal agent on or after the effective date of this Act.          SECTION 3.03.  To the extent of any conflict, this Act   prevails over another Act of the 89th Legislature, Regular Session,   2025, relating to nonsubstantive additions to and corrections in   enacted codes.          SECTION 3.04.  This Act takes effect September 1, 2025.