Texas House Bill HB 3932

Texas 2025 - 89th Regular

• Filed: 3/6/25

Caption

Relating to creating the criminal offense of unlawful federal searches and seizures.

Summary

HB 3932 would create a new offense in the Texas Penal Code for certain federal search-and-seizure practices, labeled “unlawful federal searches and seizures.” The bill defines a “no-knock entry” as entering a building or other place to execute a warrant without first announcing authority or purpose, and it makes it a crime for a federal officer, agent, or employee acting in the course of duty to conduct a no-knock entry on a Texas citizen’s property, to arrest or search a citizen at home between 8 p.m. and 8 a.m., or to arrest or search a citizen without first obtaining the consent of the county sheriff. It also extends liability to state and local officers or employees who assist federal officials in carrying out those listed actions. The offense would be a Class A misdemeanor, and the bill states that a person may be prosecuted under this section, another applicable law, or both if the same conduct violates multiple laws. The bill would take effect September 1, 2025. In practical terms, it would add a state criminal penalty aimed at limiting certain federal law-enforcement tactics and restricting state or local cooperation with those tactics.

Impact

HB 3932 would amend Chapter 39 of the Texas Penal Code by adding Section 39.08, creating a new state criminal offense that targets specific federal search, arrest, and entry practices. It would affect federal officers operating in Texas, as well as state and local officers who assist them, by exposing them to misdemeanor prosecution under state law for no-knock entries, nighttime home arrests or searches, and searches or arrests conducted without county sheriff consent. The bill would also create potential overlap with existing criminal laws by allowing prosecution under this section in addition to other applicable offenses.

Sentiment

The available context shows the bill was referred to the House State Affairs Committee and there were no recorded votes or committee transcripts provided, so there is no documented floor or committee debate to gauge detailed sentiment. Based on the bill’s text, it appears to reflect a strong pro-civil-liberties and anti-federal-enforcement posture, especially regarding no-knock raids and nighttime searches. The absence of recorded discussion suggests the public legislative record available here does not show formal opposition or support statements, but the measure’s subject matter is likely to be politically sensitive.

Contention

The main points of contention would likely be the bill’s attempt to criminalize conduct by federal officers under state law and its requirement that federal searches or arrests obtain county sheriff consent. Supporters would likely view the bill as a safeguard against aggressive policing tactics and an assertion of state authority, while critics would likely argue it interferes with federal law enforcement, raises constitutional and preemption concerns, and could hinder cooperation between agencies. The inclusion of state and local officers who assist federal agents also broadens the bill’s reach and could be controversial among law-enforcement agencies.