By:  Armbrister                                        S.B. No. 563
       73R819 KLL-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to commissioning certain employees of the Texas Department
    1-3  of Health as 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.  FOOD AND DRUG PEACE OFFICERS.  (a)  The board
    1-8  may commission department employees as peace officers to administer
    1-9  and enforce this chapter.
   1-10        (b)  The board may not commission a department employee as a
   1-11  peace officer under this section unless:
   1-12              (1)  the employee is employed by the department in the
   1-13  food and drug division, if the employee will enforce the food and
   1-14  drug portions of this chapter;
   1-15              (2)  the Commission on Law Enforcement Officer
   1-16  Standards and Education certifies the employee as qualified to be a
   1-17  peace officer; and
   1-18              (3)  the commissioner recommends the employee to the
   1-19  board as being qualified to enforce the food and drug laws within
   1-20  the jurisdiction of the department.
   1-21        (c)  An employee commissioned as a peace officer under this
   1-22  chapter has the powers, privileges, and immunities of a peace
   1-23  officer while carrying out the employee's duties under this
   1-24  chapter, except that the employee may not carry a firearm.
    2-1        SECTION 2.  Article 2.12, Code of Criminal Procedure, is
    2-2  amended to read as follows:
    2-3        Art. 2.12.  Who Are Peace Officers.  The following are peace
    2-4  officers:
    2-5              (1)  sheriffs and their deputies;
    2-6              (2)  constables and deputy constables;
    2-7              (3)  marshals or police officers of an incorporated
    2-8  city, town, or village;
    2-9              (4)  rangers and officers commissioned by the Public
   2-10  Safety Commission and the Director of the Department of Public
   2-11  Safety;
   2-12              (5)  investigators of the district attorneys', criminal
   2-13  district attorneys', and county attorneys' offices;
   2-14              (6)  law enforcement agents of the Texas Alcoholic
   2-15  Beverage Commission;
   2-16              (7)  each member of an arson investigating unit
   2-17  commissioned by a city, a county, or the state;
   2-18              (8)  officers commissioned under Subchapter E, Chapter
   2-19  51, Education Code;
   2-20              (9)  officers commissioned by the <State Purchasing
   2-21  and> General Services Commission;
   2-22              (10)  law enforcement officers commissioned by the
   2-23  Parks and Wildlife Commission;
   2-24              (11)  airport police officers commissioned by a city
   2-25  with a population of more than one million, according to the most
   2-26  recent federal census, that operates an airport that serves
   2-27  commercial air carriers;
    3-1              (12)  airport security personnel commissioned as peace
    3-2  officers by the governing body of any political subdivision of this
    3-3  state, other than a city described by Subdivision (11), that
    3-4  operates an airport that serves commercial air carriers;
    3-5              (13)  municipal park and recreational patrolmen and
    3-6  security officers;
    3-7              (14)  security officers commissioned as peace officers
    3-8  by the State Treasurer;
    3-9              (15)  officers commissioned by a water control and
   3-10  improvement district under Section 51.132, Water Code;
   3-11              (16)  officers commissioned by a board of trustees
   3-12  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   3-13  1961 (Article 1187f, Vernon's Texas Civil Statutes);
   3-14              (17)  investigators commissioned by the Texas State
   3-15  Board of Medical Examiners;
   3-16              (18)  officers commissioned by the board of managers of
   3-17  the Dallas County Hospital District, the Tarrant County Hospital
   3-18  District, or the Bexar County Hospital District under Section
   3-19  281.057, Health and Safety Code;
   3-20              (19)  county park rangers commissioned under Subchapter
   3-21  E, Chapter 351, Local Government Code;
   3-22              (20)  investigators employed by the Texas Racing
   3-23  Commission;
   3-24              (21)  officers commissioned by the State Board of
   3-25  Pharmacy;
   3-26              (22)  officers commissioned by the governing body of a
   3-27  metropolitan rapid transit authority under Section 13, Chapter 141,
    4-1  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
    4-2  Vernon's Texas Civil Statutes), or by a regional transportation
    4-3  authority under Section 10, Chapter 683, Acts of the 66th
    4-4  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
    4-5  Civil Statutes);
    4-6              (23)  officers commissioned by the Texas High-Speed
    4-7  Rail Authority;
    4-8              (24)  investigators commissioned by the attorney
    4-9  general under Section 402.009, Government Code; <and>
   4-10              (25)  security officers and investigators commissioned
   4-11  as peace officers under the State Lottery Act; and
   4-12              (26)  officers commissioned by the Texas Board of
   4-13  Health under Section 431.2471, Health and Safety Code.
   4-14        SECTION 3.  This Act takes effect September 1, 1993.
   4-15        SECTION 4.  The importance of this legislation and the
   4-16  crowded condition of the calendars in both houses create an
   4-17  emergency   and   an   imperative   public   necessity   that   the
   4-18  constitutional rule requiring bills to be read on three several
   4-19  days in each house be suspended, and this rule is hereby suspended.