73R7785 KLL-D
          By Armbrister                                          S.B. No. 563
          Substitute the following for S.B. No. 563:
          By Rodriguez                                       C.S.S.B. No. 563
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the Texas Department of Health to
    1-3  employ peace officers.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter K, Chapter 431, Health and Safety
    1-6  Code, is amended by adding Section 431.2471 to read as follows:
    1-7        Sec. 431.2471.  TEXAS DEPARTMENT OF HEALTH PEACE OFFICERS.
    1-8  (a)  The department may employ peace officers to administer and
    1-9  enforce this chapter.
   1-10        (b)  The  department may not employ a peace officer under
   1-11  this section unless:
   1-12              (1)  the employee will enforce the food and drug
   1-13  portions of this chapter;
   1-14              (2)  the Commission on Law Enforcement Officer
   1-15  Standards and Education certifies the employee as qualified to be a
   1-16  peace officer; and
   1-17              (3)  the commissioner recommends the employee to the
   1-18  department as being qualified to enforce the food and drug laws
   1-19  within the jurisdiction of the department.
   1-20        (c)  A person employed as a peace officer under this section
   1-21  has the powers, privileges, and immunities of a peace officer while
   1-22  carrying out the employee's duties under this chapter.
   1-23        SECTION 2.  Article 2.12, Code of Criminal Procedure, is
   1-24  amended to read as follows:
    2-1        Art. 2.12.  Who Are Peace Officers.  The following are peace
    2-2  officers:
    2-3              (1)  sheriffs and their deputies;
    2-4              (2)  constables and deputy constables;
    2-5              (3)  marshals or police officers of an incorporated
    2-6  city, town, or village;
    2-7              (4)  rangers and officers commissioned by the Public
    2-8  Safety Commission and the Director of the Department of Public
    2-9  Safety;
   2-10              (5)  investigators of the district attorneys', criminal
   2-11  district attorneys', and county attorneys' offices;
   2-12              (6)  law enforcement agents of the Texas Alcoholic
   2-13  Beverage Commission;
   2-14              (7)  each member of an arson investigating unit
   2-15  commissioned by a city, a county, or the state;
   2-16              (8)  officers commissioned under Subchapter E, Chapter
   2-17  51, Education Code;
   2-18              (9)  officers commissioned by the <State Purchasing
   2-19  and> General Services Commission;
   2-20              (10)  law enforcement officers commissioned by the
   2-21  Parks and Wildlife Commission;
   2-22              (11)  airport police officers commissioned by a city
   2-23  with a population of more than one million, according to the most
   2-24  recent federal census, that operates an airport that serves
   2-25  commercial air carriers;
   2-26              (12)  airport security personnel commissioned as peace
   2-27  officers by the governing body of any political subdivision of this
    3-1  state, other than a city described by Subdivision (11), that
    3-2  operates an airport that serves commercial air carriers;
    3-3              (13)  municipal park and recreational patrolmen and
    3-4  security officers;
    3-5              (14)  security officers commissioned as peace officers
    3-6  by the State Treasurer;
    3-7              (15)  officers commissioned by a water control and
    3-8  improvement district under Section 51.132, Water Code;
    3-9              (16)  officers commissioned by a board of trustees
   3-10  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   3-11  1961 (Article 1187f, Vernon's Texas Civil Statutes);
   3-12              (17)  investigators commissioned by the Texas State
   3-13  Board of Medical Examiners;
   3-14              (18)  officers commissioned by the board of managers of
   3-15  the Dallas County Hospital District, the Tarrant County Hospital
   3-16  District, or the Bexar County Hospital District under Section
   3-17  281.057, Health and Safety Code;
   3-18              (19)  county park rangers commissioned under Subchapter
   3-19  E, Chapter 351, Local Government Code;
   3-20              (20)  investigators employed by the Texas Racing
   3-21  Commission;
   3-22              (21)  officers commissioned by the State Board of
   3-23  Pharmacy;
   3-24              (22)  officers commissioned by the governing body of a
   3-25  metropolitan rapid transit authority under Section 13, Chapter 141,
   3-26  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   3-27  Vernon's Texas Civil Statutes), or by a regional transportation
    4-1  authority under Section 10, Chapter 683, Acts of the 66th
    4-2  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
    4-3  Civil Statutes);
    4-4              (23)  officers commissioned by the Texas High-Speed
    4-5  Rail Authority;
    4-6              (24)  investigators commissioned by the attorney
    4-7  general under Section 402.009, Government Code; <and>
    4-8              (25)  security officers and investigators commissioned
    4-9  as peace officers under the State Lottery Act; and
   4-10              (26)  officers employed by the Texas Department of
   4-11  Health under Section 431.2471, Health and Safety Code.
   4-12        SECTION 3.  This Act takes effect September 1, 1993.
   4-13        SECTION 4.  The importance of this legislation and the
   4-14  crowded condition of the calendars in both houses create an
   4-15  emergency   and   an   imperative   public   necessity   that   the
   4-16  constitutional rule requiring bills to be read on three several
   4-17  days in each house be suspended, and this rule is hereby suspended.