TRANSPORTATION CODE
CHAPTER 8. PROTECTING MOVEMENT OF COMMERCE
§ 8.001. ISSUANCE OF PROCLAMATION. (a) The governor
shall issue a proclamation under this chapter, to prevent
interference with commerce, if after investigation the governor
determines that:
(1) the movement of commerce by a common carrier of
this state or another state is interfered with in violation of
Chapter 42, Penal Code; and
(2) local authorities failed to enforce the law.
(b) The proclamation must:
(1) state that the conditions described by Subsection
(a) exist; and
(2) describe the territory affected by the
proclamation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 8.002. EFFECT OF PROCLAMATION. (a) On the issuance
of a proclamation under this chapter, the governor shall exercise
complete police jurisdiction over the territory described by the
proclamation. The exercise of police jurisdiction by the governor
supersedes the police authority of a local authority.
(b) The governor may not disturb the exercise of police
jurisdiction by a local authority outside the territory described
by the proclamation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 8.003. ARRESTS. (a) After a proclamation issued
under this chapter takes effect, only a peace officer acting under
the authority of the governor may make an arrest in the territory
described by the proclamation.
(b) A person arrested in the territory described by the
proclamation shall be delivered forthwith to the proper authority
for trial.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 8.004. USE OF TEXAS RANGERS. (a) The governor may
use the Texas Rangers to enforce this chapter.
(b) If a sufficient number of Texas Rangers are not
available, the governor may employ other persons to serve as
special rangers.
(c) A special ranger has the same authority as a Texas
Ranger and shall be paid the same salary as a Texas Ranger. The
salary of a special ranger shall be paid out of appropriations made
to the executive office for the payment of rewards and the
enforcement of the law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 8.005. EFFECT ON DECLARATION OF MARTIAL LAW. (a) A
declaration of martial law is not required for the implementation
of this chapter.
(b) This chapter does not limit the authority of the
governor to declare martial law and call forth the militia to
execute the law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.