Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal law.
Article 2.124 of the law of a state in the United States of America provides guidelines for peace officers from adjoining states, granting them certain powers, duties, and immunities while they are within the state. According to the law, a commissioned peace officer from an adjoining state can exercise the same powers as a peace officer of the state in specific circumstances.
Subsection (a) of the law states that a peace officer from an adjoining state has the same powers and duties as a local peace officer while they are in physical custody of an inmate or criminal defendant and are transporting the inmate or defendant from a border county in the adjoining state to a hospital or medical facility in a border county in this state.
Additionally, the peace officer from the adjoining state also has the same powers and duties if they are returning the inmate or defendant to the adjoining state from the hospital or facility, to the extent necessary to maintain physical custody of the inmate or defendant or regain physical custody if the inmate or defendant escapes.
Subsection (b) of the law outlines the powers and duties of peace officers from adjoining states who are regularly assigned to duty in a county, parish, or municipality that adjoins the state. These peace officers have the same powers, duties, and immunities as local peace officers while they are within the state, but only in a municipality that is within one mile of the boundary between the state and the adjoining state. The law also states that peace officers described in this subsection may enforce the ordinances of a Texas municipality, but only after the governing body of the municipality authorizes such enforcement by a majority vote at an open meeting.
Art. 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.
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