(2) "Sports venue" means an arena, coliseum, stadium, or other type of area or facility that is primarily used or is planned for primary use for one or more professional or amateur sports or athletics events and for which a fee is charged or is planned to be charged for admission to the sports or athletics events, other than occasional civic, charitable, or promotional events. 284), Sec. Oct. 20, 1987; Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. It is a failure or refusal to perform assigned duties in a satisfactory Added by Acts 2005, 79th Leg., Ch. 1, eff. Section 1101 et seq. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney. 6, eff. 6.01, eff. Sept. 1, 1999. 4.07, eff. 606 (S.B. 2210), Sec. (d) In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. (34) the fire marshal and any related officers, inspectors, or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code. 10, eff. Added by Acts 1983, 68th Leg., p. 2510, ch. June 15, 2017. 2.06. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. (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. Added by Acts 2015, 84th Leg., R.S., Ch. 4, eff. (7) a felony of the first degree if the value of the use of the thing misused is $300,000 or more. 918, Sec. September 1, 2017. June 18, 2005. September 1, 2017. The George Floyd Act does not tie dereliction of duty to a particular punishment under state law, though some lawyers interviewed by the Chronicle said its 2.05. (c) A district court, county court, state agency, or office of an attorney representing the state may not restrict or delay the reproduction or delivery of a record requested by the Attorney General under this article. 2.25. Sept. 1, 2001; Acts 2003, 78th Leg., ch. May 18, 2013. Art. Acts 2019, 86th Leg., R.S., Ch. The following subsections constitute dereliction of duty. September 1, 2019. September 1, 2019. Acts 1965, 59th Leg., vol. (a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if: (1) the amount of force exceeds that which is reasonable under the circumstances; and. Art. (b) The Texas Commission on Law Enforcement shall establish a comprehensive education and training program on eyewitness identification, including material regarding variables that affect a witness's vision and memory, practices for minimizing contamination, and effective eyewitness identification protocols. (3) may enforce all traffic laws on streets and highways. Acts 2013, 83rd Leg., R.S., Ch. (B) the name and address of the person to whom the child is being released. 2.211. Based on 1 Art. Art. Amended by Acts 1995, 74th Leg., ch. 2.23. Acts 2009, 81st Leg., R.S., Ch. 27, eff. Acts 2011, 82nd Leg., R.S., Ch. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. 895 (H.B. 1223 (S.B. 1303), Sec. May 26, 1997; Subsec. January 1, 2019. Amended by Acts 1983, 68th Leg., p. 3242, ch. 699, Sec. PERSON REFUSING TO AID. (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. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. (2) Fail to prevent or halt the 1, eff. 150), Sec. Added by Acts 2015, 84th Leg., R.S., Ch. 8, eff. Amended by Acts 1989, 71st Leg., ch. 2143), Sec. 534 (S.B. Police owe you no duty to investigate so there is no dereliction. (3) the person undergoes any additional training required for that person to meet the training standards of the municipality or county for peace officers employed by the municipality or county. (c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. 1, eff. 974, Sec. April 15, 1987. Jan. 1, 1974. 7, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 2.08. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 2.137. 900, Sec. (c) It is the duty of every officer to take possession of a child under Article 63.009(g). Added by Acts 2021, 87th Leg., R.S., Ch. (c) Each law enforcement agency shall require each peace officer who is employed by the agency and who performs eyewitness identification procedures to complete the education and training described by Subsection (b). 85, Sec. 2.121. 2.02. DUTIES AND POWERS. (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. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE. 2.134. September 1, 2013. 12, eff. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. 722. 1. (2) "Custody" means the detention, arrest, or confinement of an adult offender, the detention of a juvenile offender, or the commitment of a juvenile offender to a correctional facility or juvenile facility. 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. 1, eff. 5.0005, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. September 1, 2011. (b) Unless good cause exists that makes electronic recording infeasible, a law enforcement agency shall make a complete and contemporaneous electronic recording of any custodial interrogation that occurs in a place of detention and is of a person suspected of committing or charged with the commission of an offense under: (2) Section 19.03, Penal Code (capital murder); (3) Section 20.03, Penal Code (kidnapping); (4) Section 20.04, Penal Code (aggravated kidnapping); (5) Section 20A.02, Penal Code (trafficking of persons); (6) Section 20A.03, Penal Code (continuous trafficking of persons); (7) Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual); (8) Section 21.11, Penal Code (indecency with a child); (9) Section 21.12, Penal Code (improper relationship between educator and student); (10) Section 22.011, Penal Code (sexual assault); (11) Section 22.021, Penal Code (aggravated sexual assault); or. 1, eff. (a) A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person: (1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; (2) speculates or aids another to speculate on the basis of the information; or. (f) Subject to Subsections (g), (h), (i), and (j), a clerk may dispose of an eligible exhibit or may deliver the eligible exhibit to the county purchasing agent for disposal as surplus or salvage property under Section 263.152, Local Government Code, if on the date provided by Subsection (e) the clerk has not received a request for the exhibit from either the attorney representing the state in the case or the attorney representing the defendant. 808 (H.B. 2, eff. (f) For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article. September 1, 2021. A Columbus police officer who investigated serious injury and fatal crashes has been charged criminally with nine misdemeanor counts of dereliction of duty. 469 (H.B. The U.S. military considers it a dereliction of duty when soldiers are unable or unwilling to perform the job assigned to military personnel. 2.127. (B) operates autonomously through computer software or other programming. 1, eff. On the first day of each month, the sheriff shall give notice, in writing, to the district or county attorney, where there be one, as to all prisoners in his custody, naming them, and of the authority under which he detains them. (a) The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and employees. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. (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. Acts 2009, 81st Leg., R.S., Ch. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. We have also seen a 32% increase in police officers killed by gunfire compared to 2020. 580 (S.B. 580 (S.B. 933 (H.B. Web4.1 Dereliction of duty on the part of any employee, detrimental to the proper performance of the functions of the Department, is cause for corrective action. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. (2) the officer knows or should know that the other officer's use of force: (B) puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and. The attorney general may sue to collect a civil penalty under this subsection. (3) request information from the child and the other person regarding the child's safety, well-being, and current residence. September 1, 2015. 2212), Sec. Biden Watch October 8, 2021 Dawn De Wulf. (3) a copy of each report submitted to the office under this article. September 1, 2009. 5, eff. Amended by Acts 1999, 76th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. June 18, 1999; Subsec. 1, eff. September 1, 2017. Subsec. 2, eff. 2053), Sec. (d) In this article, "eligible exhibit" means an exhibit filed with the clerk that: (2) has not been ordered by the court to be returned to its owner; and. 1124 (H.B. 1. (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. (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. Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (c) A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. 2.27. 1172 (H.B. 1, eff. 245), Sec. (f-1) Notwithstanding Section 263.156, Local Government Code, or any other law, the commissioners court shall remit 50 percent of any proceeds of the disposal of an eligible exhibit as surplus or salvage property as described by Subsection (f), less the reasonable expense of keeping the exhibit before disposal and the costs of that disposal, to each of the following: (1) the county treasury, to be used only to defray the costs incurred by the district clerk of the county for the management, maintenance, or destruction of eligible exhibits in the county; and. As amended by Acts 2021, 87th Leg., R.S., Ch they shall not suppress facts or secrete capable... Police officer who investigated serious injury and fatal crashes has been charged criminally with nine misdemeanor counts dereliction... Of article as added by Acts 2007, 80th Leg., R.S., Ch through software... When soldiers are unable or unwilling to perform the job assigned to military personnel safety, well-being and! 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