1-1 By: Armbrister S.B. No. 563
1-2 (In the Senate - Filed March 2, 1993; March 3, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 6, 1993, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to commissioning certain employees of the Texas Department
1-20 of Health as peace officers.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subchapter K, Chapter 431, Health and Safety
1-23 Code, is amended by adding Section 431.2471 to read as follows:
1-24 Sec. 431.2471. FOOD AND DRUG PEACE OFFICERS. (a) The board
1-25 may commission department employees as peace officers to administer
1-26 and enforce this chapter.
1-27 (b) The board may not commission a department employee as a
1-28 peace officer under this section unless:
1-29 (1) the employee is employed by the department in the
1-30 food and drug division, if the employee will enforce the food and
1-31 drug portions of this chapter;
1-32 (2) the Commission on Law Enforcement Officer
1-33 Standards and Education certifies the employee as qualified to be a
1-34 peace officer; and
1-35 (3) the commissioner recommends the employee to the
1-36 board as being qualified to enforce the food and drug laws within
1-37 the jurisdiction of the department.
1-38 (c) An employee commissioned as a peace officer under this
1-39 chapter has the powers, privileges, and immunities of a peace
1-40 officer while carrying out the employee's duties under this
1-41 chapter, except that the employee may not carry a firearm.
1-42 SECTION 2. Article 2.12, Code of Criminal Procedure, is
1-43 amended to read as follows:
1-44 Art. 2.12. Who Are Peace Officers. The following are peace
1-45 officers:
1-46 (1) sheriffs and their deputies;
1-47 (2) constables and deputy constables;
1-48 (3) marshals or police officers of an incorporated
1-49 city, town, or village;
1-50 (4) rangers and officers commissioned by the Public
1-51 Safety Commission and the Director of the Department of Public
1-52 Safety;
1-53 (5) investigators of the district attorneys', criminal
1-54 district attorneys', and county attorneys' offices;
1-55 (6) law enforcement agents of the Texas Alcoholic
1-56 Beverage Commission;
1-57 (7) each member of an arson investigating unit
1-58 commissioned by a city, a county, or the state;
1-59 (8) officers commissioned under Subchapter E, Chapter
1-60 51, Education Code;
1-61 (9) officers commissioned by the <State Purchasing
1-62 and> General Services Commission;
1-63 (10) law enforcement officers commissioned by the
1-64 Parks and Wildlife Commission;
1-65 (11) airport police officers commissioned by a city
1-66 with a population of more than one million, according to the most
1-67 recent federal census, that operates an airport that serves
1-68 commercial air carriers;
2-1 (12) airport security personnel commissioned as peace
2-2 officers by the governing body of any political subdivision of this
2-3 state, other than a city described by Subdivision (11), that
2-4 operates an airport that serves commercial air carriers;
2-5 (13) municipal park and recreational patrolmen and
2-6 security officers;
2-7 (14) security officers commissioned as peace officers
2-8 by the State Treasurer;
2-9 (15) officers commissioned by a water control and
2-10 improvement district under Section 51.132, Water Code;
2-11 (16) officers commissioned by a board of trustees
2-12 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-13 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-14 (17) investigators commissioned by the Texas State
2-15 Board of Medical Examiners;
2-16 (18) officers commissioned by the board of managers of
2-17 the Dallas County Hospital District, the Tarrant County Hospital
2-18 District, or the Bexar County Hospital District under Section
2-19 281.057, Health and Safety Code;
2-20 (19) county park rangers commissioned under Subchapter
2-21 E, Chapter 351, Local Government Code;
2-22 (20) investigators employed by the Texas Racing
2-23 Commission;
2-24 (21) officers commissioned by the State Board of
2-25 Pharmacy;
2-26 (22) officers commissioned by the governing body of a
2-27 metropolitan rapid transit authority under Section 13, Chapter 141,
2-28 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-29 Vernon's Texas Civil Statutes), or by a regional transportation
2-30 authority under Section 10, Chapter 683, Acts of the 66th
2-31 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-32 Civil Statutes);
2-33 (23) officers commissioned by the Texas High-Speed
2-34 Rail Authority;
2-35 (24) investigators commissioned by the attorney
2-36 general under Section 402.009, Government Code; <and>
2-37 (25) security officers and investigators commissioned
2-38 as peace officers under the State Lottery Act; and
2-39 (26) officers commissioned by the Texas Board of
2-40 Health under Section 431.2471, Health and Safety Code.
2-41 SECTION 3. This Act takes effect September 1, 1993.
2-42 SECTION 4. The importance of this legislation and the
2-43 crowded condition of the calendars in both houses create an
2-44 emergency and an imperative public necessity that the
2-45 constitutional rule requiring bills to be read on three several
2-46 days in each house be suspended, and this rule is hereby suspended.
2-47 * * * * *
2-48 Austin,
2-49 Texas
2-50 April 6, 1993
2-51 Hon. Bob Bullock
2-52 President of the Senate
2-53 Sir:
2-54 We, your Committee on Health and Human Services to which was
2-55 referred S.B. No. 563, have had the same under consideration, and I
2-56 am instructed to report it back to the Senate with the
2-57 recommendation that it do pass and be printed.
2-58 Zaffirini,
2-59 Chair
2-60 * * * * *
2-61 WITNESSES
2-62 FOR AGAINST ON
2-63 ___________________________________________________________________
2-64 Name: Ross Schulle x
2-65 Representing: TX Commission on Law Enforce
2-66 City: Austin
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2-68 Name: Dennis E. Baker x
2-69 Representing: TX Dept. of Health
2-70 City: Austin
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