Texas Local Government Code 361.023 – Contractual Authority Contingent On Legislation of Other State
Terms Used In Texas Local Government Code 361.023
- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
A county or municipality in this state may make the contract only if the other state enacts legislation that relates to the establishment of a justice center under a contract and that:
(1) assigns responsibility for the operation of the detention facilities in the center in the manner required by § 361.026;
(2) provides for the application and enforcement of the law of both states in the manner provided by § 361.028;
(3) contains provisions authorizing the arrest, prosecution, transfer, and control of persons as prescribed by Sections 361.029(a)(2), (d), (e), and (f)(2);
(4) authorizes peace officers to take the actions authorized by Sections 361.029(j) and (k); and
(5) provides that:
(A) a person in custody in the center under the law of this state may not be prosecuted for an offense against the law of the other state without extradition and may not be personally served with process in the center for a proceeding in the other state;
(B) a person summoned to appear in the center under the law of this state may not be personally served with process in any part of the center for a proceeding in the other state; and
(C) a person summoned to appear in the center under the law of this state may not be arrested in any part of the center for an offense against the law of the other state.