Opinion: DPS Has No Authority To Arrest
I’ve been doing a lot of research since two of our members were assaulted and falsely arrested by DPS troopers at the Capitol a few weeks ago. Besides the law that we already are aware wasn’t broken with respect to having BP pistols, I found some other interesting tidbits of law that I think support our assertion that DPS is overstepping its bounds.
The State Preservation Board is an agency of the state. Among its responsibilities is to “adopt rules concerning the buildings, their contents, and their grounds.” Additionally, “the board may allocate specific duties and responsibilities to any other state agency, if the other agency agrees to perform the duty or accept the responsibility.”
Section 443.018 of the Government Code allows the Board to regulate visitors and vendors to the capitol under certain circumstances.
Sec. 443.018. REGULATION OF VISITORS AND VENDORS. (a) The board shall adopt rules that regulate…
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