Tex.
Code of Crim. Proc. Article 2.122
Special Investigators
(a)
The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only:(1)
Special Agents of the Federal Bureau of Investigation;(2)
Special Agents of the Secret Service;(3)
Special Agents of the United States Immigration and Customs Enforcement;(4)
Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives;(5)
Special Agents of the United States Drug Enforcement Administration;(6)
Inspectors of the United States Postal Inspection Service;(7)
Special Agents of the Criminal Investigation Division of the Internal Revenue Service;(8)
Civilian Special Agents of the United States Naval Criminal Investigative Service;(9)
Marshals and Deputy Marshals of the United States Marshals Service;(10)
Special Agents of the United States Department of State, Bureau of Diplomatic Security;(11)
Special Agents of the Treasury Inspector General for Tax Administration;(12)
Special Agents of the Office of Inspector General of the United States Social Security Administration;(13)
Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs;(14)
Special Agents of the Office of Inspector General of the United States Department of Agriculture;(15)
Special Agents of the Office of Export Enforcement of the United States Department of Commerce;(16)
Special Agents of the Criminal Investigation Command of the United States Army;(17)
Special Agents of the Office of Special Investigations of the United States Air Force; and(18)
a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs.(b)
An officer or agent designated by the Secretary of Homeland Security under 40 U.S.C. Section 1315 for duty in connection with the protection of property owned or occupied by the federal government and persons on the property is not a peace officer but has the powers of arrest and search and seizure as to any offense under the laws of this state.(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 (Public Intoxication), 49.04 (Driving While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding.(c-1)
In addition to the power granted under Subsection (c), a Border Patrol Agent of the United States Customs and Border Protection who completed the training program described by Section 411.02093 (State Criminal Law Training Program for Border Patrol Agents), Government Code, has the powers of arrest and search and seizure as to any felony offense under the laws of this state if the arrest, search, or seizure:(1)
occurs on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry or at a border patrol traffic checkpoint; and(2)
is incident to a detainment under federal law.(d)
A commissioned law enforcement officer of the National Park Service is not a peace officer under the laws of this state, except that the officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the boundaries of a national park or national recreation area. In this subsection, “national park or national recreation area” means a national park or national recreation area included in the National Park System as defined by 16 U.S.C. Section 1c(a).(e)
A Special Agent or Law Enforcement Officer of the United States Forest Service is not a peace officer under the laws of this state, except that the agent or officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the National Forest System. In this subsection, “National Forest System” has the meaning assigned by 16 U.S.C. Section 1609.(f)
Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission, are not peace officers under the laws of this state, except that such personnel have the powers of arrest, search, and seizure, including the powers under Section 9.51 (Arrest and Search), Penal Code, while in the performance of their duties on the premises of a commercial nuclear power plant site or under agreements entered into with local law enforcement regarding areas surrounding the plant site.(g)
In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. Section 3056(a) or investigating a threat against a person described by 18 U.S.C. Section 3056(a) has the powers of arrest, search, and seizure as to:(1)
misdemeanor offenses under the laws of this state; and(2)
any criminal offense under federal law.
Source:
Article 2.122 — Special Investigators, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2.htm#2.122 (accessed Apr. 13, 2024).
