BILL ANALYSIS C.S.H.B. 1275 By: Turner, Bob 04-20-95 Committee Report (Substituted) BACKGROUND Section 61.093, Human resources Code authorizes the Texas Youth Commission (TYC) to apprehend and take in to custody TYC escapees and parole violators. To carry out this responsibility, the agency employs two Apprehension Specialists who, during the course of FY94, were directly involved in the apprehension of 310 TYC youth. Also, Apprehension Specialists in cooperation with local law enforcement, assisted in the apprehension of 344 additional youth with outstanding warrants. Frequently Apprehension Specialists are required to enter very dangerous neighborhoods and potentially volatile environments. In some instances upon apprehension, it was discovered that said youth possessed a loaded firearm. Certifying Apprehension Specialists as commissioned peace officers would permit them to legally arm themselves for personal protection from the youth, those who might be harboring the youth, or who might not welcome their presence in their neighborhood. Amendments to TYC's enabling statue and the Code of Criminal Procedure to authorize TYC to employ and commission certified peace officers are a necessary response to the changing environment, and would provide the Apprehension Specialists with the same professional status and respect as the peace officers with whom they regularly work. PURPOSE As proposed, HB 1275 authorizes the Texas Youth Commission to employ and commission peace officers to apprehend TYC escapees and parole violators. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 2.12, Code of Criminal Procedure, by adding subsection (29) to the definition of peace officer to include apprehension specialists commissioned by the Texas Youth Commission. SECTION 2. Amends Subchapter G, Chapter 61 Human Resources Code, by adding Section 61.0931, which would authorize TYC to employ and commission peace officers as apprehension specialists to carry out their duties under Section 61.093 and requires them to be certified by TCLEOSE. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds language that requires an apprehension specialist commissioned as a peace officer to be certified by TCLEOSE. SUMMARY OF COMMITTEE ACTION H.B. 1275 was considered by the committee in a public hearing on March 21, 1995. The bill was referred to the subcommittee on "Right to Carry"; a subcommittee consisting of Representatives Allen, Bailey, and Carter. H.B. 1275 was considered by the subcommittee in a public hearing on March 27, 1995. The subcommittee considered 1 amendment to the bill. The amendment was adopted without objection. The bill was reported favorably as amended to the full committee by a record vote of 2 ayes, 0 nays, 0 pnv, 1 absent. H.B. 1275 was considered by the committee in a public hearing on April 11, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.