(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. Added by Acts 1979, 66th Leg., p. 1383, ch. A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation. 43, Sec. DEPUTY. 11), Sec. 794, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (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. The report must include: (1) the total number of officer-involved injuries or deaths; (2) a summary of the reports submitted to the office under this article; and. FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. 900, Sec. 2.28. 19, Sec. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION OFFENSES. (a) The office of the attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the office, asserting that a law enforcement agency failed to submit a report required by Article 2.139 or 2.1395. ABUSE OF OFFICIAL CAPACITY. If the electronic filing system described by this subsection is substantially upgraded or is replaced with a new system, the exemption provided by this subsection is no longer applicable. (C) the governing board of a public junior college under Section 51.220, Education Code. May 18, 2013. (a) On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code. 1, eff. The attorney general may sue to collect a civil penalty under this subsection. Added by Acts 2017, 85th Leg., R.S., Ch. 580 (S.B. 1, see other Art. 729, Sec. 1124 (H.B. June 17, 2011. 1, eff. Art. Aug. 26, 1991. Federal criminal law does not contain a dereliction of duty statute. Art. Article 2.03 Neglect of Duty, 1, eff. 604), Sec. 43, eff. 891), Sec. Weba : the act of no longer caring for, using, or doing something : the act of abandoning something. September 1, 2017. (d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting. (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. Art. 16, eff. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (A) a firearm or any object manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. January 1, 2021. But if that's what the neglect of duty statute applies to, it wouldn't violate the supremacy clause. 511), Sec. Art. Added by Acts 2013, 83rd Leg., R.S., Ch. 988 (H.B. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1994. (c) This section does not preclude any symbol from being valid as a signature under other applicable law, including Section 1.201(b)(37), Business & Commerce Code. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. Art. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 734 (H.B. 540 (S.B. May 26, 1997; Subsec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 404 (S.B. 1, eff. Amended by Acts 1967, 60th Leg., p. 1733, ch. Acts 1965, 59th Leg., vol. (c) On request of a victim of an offense listed under Subsection (a), the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is: (1) contained in the written report prepared under Subsection (b); (2) described by Article 5.05(a)(1) or (2); and. 540 (S.B. (c) An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation. September 1, 2019. 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 (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. (b) The office of the attorney general by rule shall create a written and electronic form for the reporting by law enforcement agencies of an officer-involved injury or death. 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. 39.03 and amended by Acts 1993, 73rd Leg., ch. 1009), Sec. 384, Sec. See Negligence: Background for a general overview. Added by Acts 2015, 84th Leg., R.S., Ch. (d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and. (d) Any officer assigned to duty and commissioned under this article shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law. Art. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Sept. 1, 1979. Subsec. REPORT AS TO PRISONERS. Acts 2013, 83rd Leg., R.S., Ch. Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. Sept. 1, 2001. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS SUBCHAPTER A. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a special ranger. Successfully suing a city in Texas for violating the Due Process Clause would be difficult. 2.32. (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. 2.271. 728 (H.B. In the military they'd be court martialed. Art. Art. 287, Sec. The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable. 469 (H.B. 4, eff. 1571), Sec. Acts 2009, 81st Leg., R.S., Ch. (b) An officer or agent designated by the Secretary of Homeland Security under 40 U.S.C. September 1, 2017. (c) amended by Acts 2003, 78th Leg., ch. 1233), Sec. 2.251. June 14, 2019. Art. Aug. 28, 1967. June 17, 2011. 2.02, eff. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. 563), Sec. 1, eff. the dereliction of a cause by its leaders. 1, eff. 312), Sec. (4) on or after the first anniversary of the date of the death of a defendant. June 11, 1991; Acts 1991, 72nd Leg., ch. (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. June 18, 1999; Subsec. 2.125. CIVIL PENALTY. 1, eff. Sept. 1, 1985; Acts 1986, 69th Leg., 2nd C.S., ch. 2.05, eff. DUTIES OF ATTORNEY GENERAL. 3 min read. Art. (a-1) In this section, "private school" means a school that: (1) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; (2) is not operated by a governmental entity; and. The traitor Donald Trump will be tried for reality-show false opposition and dereliction of duty. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sec. Acts 2011, 82nd Leg., R.S., Ch. Jacob Rothschild, George Soros, Bill Gates, and Tony Fauci would be tried for crimes against humanity and have their wealth confiscated and added to public coffers. 7, Sec. 1969), Sec. 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