(g) A clerk in a county with a population of less than two million must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant before disposing of an eligible exhibit. (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (a) In this article: (1) "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction. 459, Sec. (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: (3) the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and. (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. September 1, 2015. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 39.015. June 18, 2005. 2702), Sec. 5.95(90), eff. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. Sec. September 1, 2019. 4), Sec. CIVIL PENALTY. Art. For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. May 24, 1999; added by Acts 1999, 76th Leg., ch. A service member who is derelict 4 (S.B. 1, eff. See Negligence: Background for a general overview. 2.29. (e) Except as provided by Subsection (f), an offense under this section is a felony of the third degree. (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. 900, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Most courts say "no," that the police have to 1, eff. A peace officer may not engage in racial profiling. The U.S. military considers it a dereliction of duty when soldiers are unable or unwilling to perform the job assigned to military personnel. Numerous media outlets have condemned the police response to the Uvalde, Texas school shooting, casting law enforcement's conduct as "utterly negligent" and (2) Fail to prevent or halt the Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. We have also seen a 32% increase in police officers killed by gunfire compared to 2020. NEGLECT OF DUTY. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. January 1, 2019. 399, Sec. Added by Acts 2003, 78th Leg., ch. To effect this purpose, the officer shall use all lawful means. (18) a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs. 6; Acts 1991, 72nd Leg., 1st C.S., ch. May 18, 2013. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2017, 85th Leg., R.S., Ch. 2. 2212), Sec. Added by Acts 1979, 66th Leg., p. 1383, ch. COUNTY JAILERS. Art. 3863), Sec. June 18, 1999; Subsec. September 1, 2019. 2.211. (d) In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. Greg Abbott's assertion that children were denied special education services because of schools' "dereliction of duty." (d) Not later than the fifth day after the date of receipt of a report submitted under Subsection (c), the office of the attorney general shall post a copy of the report on the office's Internet website. Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. Redesignated by Acts 2019, 86th Leg., R.S., Ch. (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. 263 (S.B. 469 (H.B. 2, eff. Amended by Acts 1979, 66th Leg., p. 212, ch. (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. Art. 1, eff. (g) The Texas and Southwestern Cattle Raisers Association is liable for any act or omission by a person serving as a special ranger for the association that is within the person's scope of employment. Web 606.19 DERELICTION OF DUTY. 1849), Sec. 343), Sec. 950 (S.B. 6, eff. Acts 2017, 85th Leg., R.S., Ch. 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; (3) a subpoena under Chapter 20A or 24; or. September 1, 2009. 3051), Sec. Jacob Rothschild, George Soros, Bill Gates, and Tony Fauci would be tried for crimes against humanity and have their wealth confiscated and added to public coffers. 290, Sec. Art. 10, eff. 854, Sec. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. 1. 2, eff. (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. (c) A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. 509 (S.B. 1, eff. 908 (H.B. 431 (H.B. (a) This article applies only to a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d): (1) received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and. 484 (H.B. Reenacted and amended by Acts 2005, 79th Leg., Ch. (f) A peace officer commissioned under this article is not entitled to state benefits normally provided by the state to a peace officer. 25, eff. (i) This article does not affect any duty of the municipality or county to provide law enforcement services to a geographical area designated under Subsection (a) of this article. September 1, 2009. If a district or county attorney receives money from a person who is required by a court order to pay child support through a local registry or the Title IV-D agency and the money is presented to the attorney as payment for the court-ordered child support, the attorney shall transfer the money to the local registry or Title IV-D agency designated as the place of payment in the child support order. the dereliction of a cause by its leaders. May 30, 1995; Acts 1995, 74th Leg., ch. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. (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. Art. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. Acts 2019, 86th Leg., R.S., Ch. (4) "Sexual conduct" and "performance" have the meanings assigned by Section 43.25. 1122 (S.B. (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 2017, 85th Leg., R.S., Ch. September 1, 2021. Section 3056(a) has the powers of arrest, search, and seizure as to: (1) misdemeanor offenses under the laws of this state; and. Added by Acts 2017, 85th Leg., R.S., Ch. (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. (c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding. September 1, 2017. FAILURE TO REPORT DEATH OF PRISONER. June 17, 2005. (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or. 39.06. (e) Subsection (d) does not prevent a peace officer from: (1) conducting a separate investigation of any other alleged criminal offense; or. September 1, 2021. Acts 2013, 83rd Leg., R.S., Ch. (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-1) added by Acts 1987, 70th Leg., ch. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. Acts 1965, 59th Leg., vol. (a) District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of counsel for the State. http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.03 2.22. September 1, 2019. 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