By Conley H.B. No. 838
74R4072 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the designation of Texas Natural Resource Conservation
1-3 Commission special investigators as peace officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 2.12, Code of Criminal Procedure, as
1-6 amended by Chapters 339, 695, and 912, Acts of the 73rd
1-7 Legislature, Regular Session, 1993, is amended to read as follows:
1-8 Art. 2.12. Who are peace officers. The following are peace
1-9 officers:
1-10 (1) sheriffs and their deputies;
1-11 (2) constables and deputy constables;
1-12 (3) marshals or police officers of an incorporated
1-13 city, town, or village;
1-14 (4) rangers and officers commissioned by the Public
1-15 Safety Commission and the Director of the Department of Public
1-16 Safety;
1-17 (5) investigators of the district attorneys', criminal
1-18 district attorneys', and county attorneys' offices;
1-19 (6) law enforcement agents of the Texas Alcoholic
1-20 Beverage Commission;
1-21 (7) each member of an arson investigating unit
1-22 commissioned by a city, a county, or the state;
1-23 (8) officers commissioned under Section 21.483,
1-24 Education Code, or Subchapter E, Chapter 51, Education Code;
2-1 (9) officers commissioned by the General Services
2-2 Commission;
2-3 (10) law enforcement officers commissioned by the
2-4 Parks and Wildlife Commission;
2-5 (11) airport police officers commissioned by a city
2-6 with a population of more than one million, according to the most
2-7 recent federal census, that operates an airport that serves
2-8 commercial air carriers;
2-9 (12) airport security personnel commissioned as peace
2-10 officers by the governing body of any political subdivision of this
2-11 state, other than a city described by Subdivision (11), that
2-12 operates an airport that serves commercial air carriers;
2-13 (13) municipal park and recreational patrolmen and
2-14 security officers;
2-15 (14) security officers commissioned as peace officers
2-16 by the State Treasurer;
2-17 (15) officers commissioned by a water control and
2-18 improvement district under Section 51.132, Water Code;
2-19 (16) officers commissioned by a board of trustees
2-20 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-21 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-22 (17) investigators commissioned by the Texas State
2-23 Board of Medical Examiners;
2-24 (18) officers commissioned by the board of managers of
2-25 the Dallas County Hospital District, the Tarrant County Hospital
2-26 District, or the Bexar County Hospital District under Section
2-27 281.057, Health and Safety Code;
3-1 (19) county park rangers commissioned under Subchapter
3-2 E, Chapter 351, Local Government Code;
3-3 (20) investigators employed by the Texas Racing
3-4 Commission;
3-5 (21) officers commissioned by the State Board of
3-6 Pharmacy;
3-7 (22) officers commissioned by the governing body of a
3-8 metropolitan rapid transit authority under Section 13, Chapter 141,
3-9 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
3-10 Vernon's Texas Civil Statutes), or by a regional transportation
3-11 authority under Section 10, Chapter 683, Acts of the 66th
3-12 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
3-13 Civil Statutes);
3-14 (23) officers commissioned by the Texas High-Speed
3-15 Rail Authority;
3-16 (24) investigators commissioned by the attorney
3-17 general under Section 402.009, Government Code;
3-18 (25) security officers and investigators commissioned
3-19 as peace officers under Chapter 466, Government Code; <and>
3-20 (26) an officer employed by the Texas Department of
3-21 Health under Section 431.2471, Health and Safety Code;<.>
3-22 (27) <(26)> officers appointed by an appellate court
3-23 under Subchapter F, Chapter 53, Government Code;<.>
3-24 (28) <(26)> officers commissioned by the state fire
3-25 marshal under Chapter 417, Government Code; and
3-26 (29) special investigators commissioned by the Texas
3-27 Natural Resource Conservation Commission under Section 5.1085,
4-1 Water Code.
4-2 SECTION 2. Subchapter D, Chapter 5, Water Code, is amended
4-3 by adding Section 5.1085 to read as follows:
4-4 Sec. 5.1085. SPECIAL INVESTIGATORS. (a) The commission may
4-5 employ and commission special investigators to enforce provisions
4-6 of this code and the Health and Safety Code within the commission's
4-7 jurisdiction.
4-8 (b) A special investigator commissioned under this section
4-9 must be certified by the Commission on Law Enforcement Officer
4-10 Standards and Education under Chapter 415, Government Code.
4-11 (c) A special investigator commissioned under this section
4-12 has all the powers, privileges, and immunities of a peace officer.
4-13 SECTION 3. 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,
4-18 and that this Act take effect and be in force from and after its
4-19 passage, and it is so enacted.