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.