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Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.126

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.126


Continuing our journey through Chapter 2 of the Texas Code of Criminal Procedure we have arrived at 2.126 which establishes two police forces for Native American Tribes here in Texas.


This article provides the authority for the tribal councils of the Alabama-Coushatta Tribe of Texas and the Kickapoo Traditional Tribe of Texas to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribes' reservations. The peace officers have the powers, privileges, and immunities of peace officers within the boundaries of the reservation, and have the power to arrest anyone who violates state law. The peace officers must take an oath, file a bond, and meet certain standards of competence, reliability, education, training, morality, and physical and mental health. The peace officers are not entitled to state benefits normally provided to peace officers. The article has been amended multiple times.


Art. 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.


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