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.