(b) The officer shall:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
(c) It is the duty of every officer to take possession of a child under Article 63.009(g).
(d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to:
(1) investigate the offense; or
(2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.
(e) Subsection (d) does not prevent a peace officer from:
(1) conducting a separate investigation of any other alleged criminal offense; or
(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.
(f) On a request made by that office, a peace officer shall execute an emergency detention order issued by the Texas Civil Commitment Office under Section 841.0837, Health and Safety Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1999; Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 5.0005, eff. Sept. 1, 2003.
Added by Acts 2017, 85th Leg., R.S., Ch. 4, Sec. 6.01, eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 6.01, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(2), eff. September 1, 2019.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 2 - General Duties of Officers
Article 2.01. Duties of District Attorneys
Article 2.02. Duties of County Attorneys
Article 2.021. Duties of Attorney General
Article 2.022. Assistance of Texas Rangers
Article 2.023. Notification to Texas Department of Criminal Justice
Article 2.024. Tracking Use of Certain Testimony
Article 2.025. Special Duty of District or County Attorney Relating to Child Support
Article 2.04. Shall Draw Complaints
Article 2.05. When Complaint Is Made
Article 2.06. May Administer Oaths
Article 2.07. Attorney Pro Tem
Article 2.09. Who Are Magistrates
Article 2.10. Duty of Magistrates
Article 2.12. Who Are Peace Officers
Article 2.121. Railroad Peace Officers
Article 2.122. Special Investigators
Article 2.123. Adjunct Police Officers
Article 2.124. Peace Officers From Adjoining States
Article 2.125. Special Rangers of Texas and Southwestern Cattle Raisers Association
Article 2.127. School Marshals
Article 2.13. Duties and Powers
Article 2.1305. Carrying Weapon on Certain Premises
Article 2.131. Racial Profiling Prohibited
Article 2.132. Law Enforcement Policy on Racial Profiling
Article 2.133. Reports Required for Motor Vehicle Stops
Article 2.134. Compilation and Analysis of Information Collected
Article 2.137. Provision of Funding or Equipment
Article 2.1386. Eyewitness Identification Protocols
Article 2.1387. Intervention Required for Excessive Force; Report Required
Article 2.139. Reports Required for Officer-Involved Injuries or Deaths
Article 2.1395. Reports Required for Certain Injuries or Deaths of Peace Officers
Article 2.1396. Video Recordings of Arrests for Intoxication Offenses
Article 2.1397. Duties of Law Enforcement Agency Filing Case
Article 2.15. Person Refusing to Aid
Article 2.16. Neglecting to Execute Process
Article 2.17. Conservator of the Peace
Article 2.18. Custody of Prisoners
Article 2.19. Report as to Prisoners
Article 2.195. Report of Warrant or Capias Information
Article 2.211. Hate Crime Reporting
Article 2.212. Writ of Attachment Reporting
Article 2.22. Power of Deputy Clerks
Article 2.23. Report to Attorney General
Article 2.24. Authenticating Officer
Article 2.25. Reporting Certain Aliens to Federal Government
Article 2.251. Duties Related to Immigration Detainer Requests
Article 2.26. Digital Signature and Electronic Documents
Article 2.27. Investigation of Certain Reports Alleging Abuse
Article 2.271. Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation
Article 2.272. Law Enforcement Response to Child Safety Check Alert
Article 2.273. Release of Child by Law Enforcement Officer
Article 2.28. Duties Regarding Misused Identity
Article 2.30. Report Concerning Certain Assaultive or Terroristic Offenses
Article 2.305. Report Required Concerning Human Trafficking Cases
Article 2.32. Electronic Recording of Custodial Interrogations
Article 2.33. Use of Neck Restraints During Search or Arrest Prohibited
Article 2.33. Duty to Request and Render Aid
Article 2.33. Law Enforcement Policy on Use of Force by Drone