Tex.
Code of Crim. Proc. Article 14.03
Authority of Peace Officers
(a)
Any peace officer may arrest, without warrant:(1)
persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42 (Disorderly Conduct and Related Offenses), Penal Code, breach of the peace, or offense under Section 49.02 (Public Intoxication), Penal Code, or threaten, or are about to commit some offense against the laws;(2)
persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;(3)
persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), Penal Code, if the offense is not committed in the presence of the peace officer;(4)
persons who the peace officer has probable cause to believe have committed an offense involving family violence;(5)
persons who the peace officer has probable cause to believe have prevented or interfered with an individual’s ability to place a telephone call in an emergency, as defined by Section 42.062 (Interference with Emergency Request for Assistance)(d), Penal Code, if the offense is not committed in the presence of the peace officer; or(6)
a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 (Statement) and establishes probable cause to believe that the person has committed a felony.(b)
A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), Penal Code, if the offense is committed in the presence of the peace officer.(c)
If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.(d)
A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer’s presence or view, if the offense is a felony, a violation of Chapter 42 (Disorderly Conduct and Related Offenses) or 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, or a breach of the peace. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 (Must Take Offender Before Magistrate) of this code.(e)
The justification for conduct provided under Section 9.21 (Public Duty), Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article.(f)
In this article, “family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.(g)
(1) A peace officer listed in Subdivision (1), (2), or (5), Article 2.12 (Who Are Peace Officers), who is licensed under Chapter 1701 (Law Enforcement Officers), Occupations Code, and is outside of the officer’s jurisdiction may arrest without a warrant a person who commits any offense within the officer’s presence or view, other than a violation of Subtitle C, Title 7, Transportation Code.(2)
A peace officer listed in Subdivision (3), Article 2.12 (Who Are Peace Officers), who is licensed under Chapter 1701 (Law Enforcement Officers), Occupations Code, and is outside of the officer’s jurisdiction may arrest without a warrant a person who commits any offense within the officer’s presence or view, except that an officer described in this subdivision who is outside of that officer’s jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.(3)
A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of:(A)
the person committing the offense and take the person before a magistrate in compliance with Article 14.06 (Must Take Offender Before Magistrate); and(B)
any property seized during or after the arrest as if the property had been seized by a peace officer of that law enforcement agency.(g)
(1) A peace officer described by Article 2A.001 (Peace Officers Generally)(1), (2), or (5), who is licensed under Chapter 1701 (Law Enforcement Officers), Occupations Code, and is outside of the officer’s jurisdiction may arrest without a warrant a person who commits any offense within the officer’s presence or view, other than a violation of Subtitle C, Title 7, Transportation Code.(2)
A peace officer described by Article 2A.001 (Peace Officers Generally)(3), who is licensed under Chapter 1701 (Law Enforcement Officers), Occupations Code, and is outside of the officer’s jurisdiction may arrest without a warrant a person who commits any offense within the officer’s presence or view, except that an officer described in this subdivision who is outside of that officer’s jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.(3)
A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of:(A)
the person committing the offense and take the person before a magistrate in compliance with Article 14.06 (Must Take Offender Before Magistrate); and(B)
any property seized during or after the arrest as if the property had been seized by a peace officer of that law enforcement agency.(h)
(1) A peace officer who is acting in the lawful discharge of the officer’s official duties may disarm a person at any time the officer reasonably believes it is necessary for the protection of the person, officer, or another individual. The peace officer shall return the handgun to the person before discharging the person from the scene if the officer determines that the person is not a threat to the officer, person, or another individual and if the person has not committed a violation that results in the arrest of the person.(2)
A peace officer who is acting in the lawful discharge of the officer’s official duties may temporarily disarm a person when the person enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker or other secure area where the peace officer can secure the person’s handgun. The peace officer shall secure the handgun in the locker or other secure area and shall return the handgun to the person immediately after the person leaves the nonpublic, secure portion of the law enforcement facility.(3)
For purposes of this subsection, “law enforcement facility” and “nonpublic, secure portion of a law enforcement facility” have the meanings assigned by Section 411.207 (Authority of Peace Officer to Disarm), Government Code.
Source:
Article 14.03 — Authority of Peace Officers, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm#14.03 (accessed Jun. 5, 2024).
