1104, Sec. 950 (S.B. In this chapter: (1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: (A) imposes a duty on the public servant; or. 2.022. 150), Sec. 20, eff. September 1, 2017. 4, eff. 2018), Sec. 69), Sec. (b) An offense under Subsection (a)(1) is a Class A misdemeanor. OFFICIAL OPPRESSION. 540 (S.B. Acts 2017, 85th Leg., R.S., Ch. (4) "Sexual conduct" and "performance" have the meanings assigned by Section 43.25. (A) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant without delay; (2) Fail to prevent or halt the commission of 18, Sec. 1163 (H.B. September 1, 2017. September 1, 2017. A jailer licensed under Chapter 1701, Occupations Code, 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: Added by Acts 2011, 82nd Leg., R.S., Ch. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. 6.01, eff. 1774), Sec. Added by Acts 1985, 69th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 36.06 Obstruction or Retaliation (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) Acts 2015, 84th Leg., R.S., Ch. September 1, 2021. (a-1) A district clerk is exempt from the requirements of Subsections (a)(4) and (5) if the electronic filing system used by the clerk for accepting electronic documents or electronic digital media from an attorney representing the state does not have the capability of accepting electronic filings from a defendant and the system was established or procured before June 1, 2009. 70, eff. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. 1, eff. 1, eff. (h) The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS SUBCHAPTER A. 245), Sec. September 1, 2009. June 17, 2011. 659, Sec. Added by Acts 1995, 74th Leg., ch. 2.17. Acts 2013, 83rd Leg., R.S., Ch. (b) On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. 2.08. WebDereliction of Duty means that person willfully or negligently failed to perform his or her duties or performed them in a culpably inefficient manner. 2212), Sec. June 17, 2005. The building is in a state of dereliction. 5, eff. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. 1253), Sec. 384, Sec. 5.05, eff. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. An offense under Subsection (a)(2) is a felony of the second degree, except that an offense under Subsection (a)(2) is a felony of the first degree if the offense is committed against: (1) an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility; or. (g) A railroad company is liable for any act or omission by a person serving as a railroad peace officer for the company that is within the person's scope of employment. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 1.02, eff. 1, eff. (a) amended by Acts 1999, 76th Leg., ch. (2) if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense. Joe Biden would be jailed for rigging an election. Added by Acts 2019, 86th Leg., R.S., Ch. 3.01, eff. 216 (H.B. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2021. (ii) reflective of the responsibility of the person to whom the child is being released; (3) call the Department of Family and Protective Services Texas Abuse Hotline to determine whether the person to whom the child is being released is listed in the registry as a person who abused or neglected a child; (4) verify that the person to whom the child is being released is at least 18 years of age; and. Acts 2019, 86th Leg., R.S., Ch. (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. DUTIES OF ATTORNEY GENERAL. (2) not later than January 1 of each even-numbered year, submit the policy to the Texas Commission on Law Enforcement in the manner prescribed by the commission. Acts 2005, 79th Leg., Ch. Amended by Acts 1983, 68th Leg., p. 3241, ch. Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. 98, eff. The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 686 (H.B. If the peace officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the Department of Family and Protective Services. 1, eff. (a) The governor may appoint an authenticating officer, in accordance with Subsection (b) of this article, and delegate to that officer the power to sign for the governor or to use the governor's facsimile signature for signing any document that does not have legal effect under this code unless it is signed by the governor. 2, eff. 2.023. (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. June 12, 1985. Added by Acts 2017, 85th Leg., R.S., Ch. Cato Policy Analyst Jay Schweikert called the Supreme Courts decision a shocking dereliction of duty that could not come at a worse time. There was simply no excuse for the Court to decline this golden opportunity to begin addressing its mistakes in creating and propagating the doctrine of qualified immunity, Schweikert said. Acts 1973, 63rd Leg., p. 883, ch. Amended by Acts 1983, 68th Leg., p. 3243, ch. September 1, 2011. Aug. 28, 1989. Sept. 1, 1994. 2.124. 1, eff. September 1, 2005. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Added by Acts 1999, 76th Leg., ch. May 18, 2013. 5.04, eff. (2) inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense. 204, Sec. 402 (S.B. 431 (H.B. Sec. Art. DUTIES RELATED TO IMMIGRATION DETAINER REQUESTS. Acts 2017, 85th Leg., R.S., Ch. June 17, 2011. (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. 1319 (S.B. A peace officer may not engage in racial profiling. Art. 1, eff. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. Aug. 31, 1987; Acts 1989, 71st Leg., ch. Art. (c) amended by Acts 1999, 76th Leg., ch. 655 (H.B. EXAMINING COURT. WebWhat happened in Uvalde, Texas on May 24, 2022, was a gross dereliction of duty by the presiding officers. This subsection does not prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney who is appointed to perform additional duties. (d) In this section, "information that has not been made public" means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code. 1, eff. (2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. Republican Texas Gov. June 20, 2003; Acts 2003, 78th Leg., ch. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape. (2) is assisting another law enforcement agency. (a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 2.137. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. Greg Abbott's assertion that children were denied special education services because of schools' "dereliction of duty." May 30, 1995; Acts 1995, 74th Leg., ch. 1571), Sec. 1, eff. A municipal prosecutor could charge a police officer for refusing to enforce a CPO, but I have never heard of this happening. (a) In this article: (1) "Electronic recording" means an audiovisual electronic recording, or an audio recording if an audiovisual electronic recording is unavailable, that is authentic, accurate, and unaltered. Added by Acts 2015, 84th Leg., R.S., Ch. 1303), Sec. 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. (a) An official of a correctional facility or juvenile facility, an employee of a correctional facility or juvenile facility, a person other than an employee who works for compensation at a correctional facility or juvenile facility, a volunteer at a correctional facility or juvenile facility, or a peace officer commits an offense if the person intentionally: (1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or. Joe Biden would be jailed for rigging an election. Acts 2013, 83rd Leg., R.S., Ch. 291, Sec. The traitor Donald Trump will be tried for reality-show false opposition and dereliction of duty. 85, Sec. 39.02. 3, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 873), Sec. 2.127. 2, eff. Acts 2009, 81st Leg., R.S., Ch. (c) If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing the state. (b) A peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a). (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. 39.07. (2) Fail to prevent or halt the FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. (7) a felony of the first degree if the value of the use of the thing misused is $300,000 or more. 386, Sec. 2.07. Reenacted and amended by Acts 2005, 79th Leg., Ch. DUTIES AND POWERS. Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. (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. When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office. (b) Except as provided by Subsection (c) of this article, a railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving injury to passengers and employees of the railroad or damage to railroad property or to protect railroad property or property in the custody or control of the railroad. September 1, 2021. 722. 717, Sec. For text of article as added by Acts 2021, 87th Leg., R.S., Ch. 1136 (S.B. 1, eff. September 1, 2011. Amended by Acts 1989, 71st Leg., ch. Art. 107, Sec. Sept. 1, 1994. 900, Sec. 2, p. 317, ch. Added by Acts 1985, 69th Leg., ch. 900, Sec. 2.138. 1, eff. 2.13. (j) If a request is timely received, the clerk shall deliver the eligible exhibit to the person making the request if the court determines the requestor is the owner of the eligible exhibit. November 11, 2021. (2) notify the Department of Public Safety regarding: (A) the misuse of the identifying information; (B) the actual identity of the person arrested, if known by the agency; and. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST PROHIBITED. (B) a facility for the detention or placement of juveniles under juvenile court jurisdiction and that is operated wholly or partly by a juvenile board or another governmental unit or by a private vendor under a contract with the juvenile board or governmental unit. 246, Sec. (a) The director of the Department of Public Safety may appoint up to 50 special rangers who are employed by the Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property. 5.03, eff. 1, eff. 604), Sec. 1303 (H.B. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation. The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all criminal cases under examination or prosecution in said county; and in the absence of the district attorney he shall represent the State alone and, when requested, shall aid the district attorney in the prosecution of any case in behalf of the State in the district court. 988 (H.B. 62, eff. 2.121 and amended by Acts 1987, 70th Leg., ch. May 19, 1995. 3791), Sec. 2.04, eff. 404 (S.B. 1, eff. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. 36.06 Obstruction or Retaliation (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful (a) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant without delay; (2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officers power to do so alone or with available assistance. Amended by Acts 1981, 67th Leg., p. 801, ch. DISQUALIFIED. Renumbered from Penal Code Sec. September 1, 2015. 2.11. September 1, 2011. 76, Sec. September 1, 2009. September 1, 2017. 1048), Sec. 2.212. 1783), Sec. 1259), Sec. DEFINITIONS. 341), Sec. 863, Sec. 974, Sec. (b) Except as otherwise provided by this subsection, the duties of the appointed office are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation. (d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner: "__________, Authenticating Officer for Governor __________.". OFFENSES AGAINST PUBLIC ADMINISTRATION. Acts 2019, 86th Leg., R.S., Ch. WebDUTY TO REQUEST AND RENDER AID. 895 (H.B. SHALL DRAW COMPLAINTS. 2, eff. (b) Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident must complete and submit a written or electronic report, using the form created under that subsection, to the office of the attorney general. Web(a) A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person: (1) has custody of a person subject to an immigration detainer request issued by United States Immigration RAILROAD PEACE OFFICERS. Added by Acts 2001, 77th Leg., ch. September 1, 2019. Amended by Acts 1989, 71st Leg., ch. 1011 (H.B. Added by Acts 2017, 85th Leg., R.S., Ch. (2) conduct an investigation and file a report and the person: (A) fails to conduct the investigation or file the report; or. June 17, 2011. Amended by Acts 1967, 60th Leg., p. 1733, ch. (e), (f) added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 558, Sec. Amended by Acts 1983, 68th Leg., p. 545, ch. 1136 (S.B. 1423, Sec. 939 (S.B. 10, eff. DEPUTY. September 1, 2021. 545, Sec. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. 1728), Sec. Acts 2009, 81st Leg., R.S., Ch. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 1, see other Art. 646), Sec. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. 291, Sec. 2.06, eff. 11, eff. Art. 563), Sec. 2.122. 350, Sec. 918, Sec. 584 (H.B. 399, Sec. 8, eff. 4.02, eff. WebIn the military they'd be court martialed. (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall Sept. 1, 1993; Acts 1995, 74th Leg., ch. May 17, 1983; Acts 1983, 68th Leg., p. 4358, ch. ABUSE OF OFFICIAL CAPACITY. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. 378 (S.B. 900, Sec. 2, eff. 1, eff. 722. 339, Sec. 2.05. 580 (S.B. 12, eff. Failure of a supervisor or commander to immediately take action when a violation of rules or regulations comes to Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Art. 1638), Sec. 2.01, eff. Art. September 1, 2017. Article 2.03 Neglect of Duty, 91 (S.B. 4), Sec. 2130), Sec. Section 1101 et seq. (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. 69), Sec. 543, Sec. (c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18. 1, eff. 5.0005, eff. Art. Art. Greg Abbott (R) and Florida Gov. 1, eff. For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. Aug. 28, 1995; Acts 1997, 75th Leg., ch. (b) A person commits an offense if the person is required by Section 501.055, Government Code, to: (1) give notice of the death of an inmate and the person fails to give the notice; or. 343), Sec. (a) An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon. 2.25. Sec. 628, Sec. b : the condition of being no longer cared for. 3800), Sec. Acts 2011, 82nd Leg., R.S., Ch. (3) state that the eligible exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice. 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