By Wentworth                                           S.B. No. 254
       74R3544 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to authorizing community supervision and corrections
    1-3  departments to employ and commission  as peace officers field unit
    1-4  officers.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 4, Article 42.131, Code of Criminal
    1-7  Procedure, is amended to read as follows:
    1-8        Sec. 4.  Department Director.  (a)  The district judge or
    1-9  judges shall appoint a department director who must meet, at a
   1-10  minimum, the eligibility requirements for officers established
   1-11  under Section 5 of this article.  The department director shall
   1-12  employ a sufficient number of officers and other employees to
   1-13  perform the professional and clerical work of the department.
   1-14        (b)  The department director may employ and commission as
   1-15  peace officers not more than 20 field unit officers.  A field unit
   1-16  officer shall observe activities of defendants and report these
   1-17  observations to an officer who supervises defendants in order to
   1-18  verify the defendants' compliance with conditions of community
   1-19  supervision.  A field unit officer may carry a weapon and may pay
   1-20  unannounced visits at any time to a defendant's home.
   1-21        SECTION 2.  Section 5, Article 42.131, Code of Criminal
   1-22  Procedure, is amended by amending Subsection (c) and adding
   1-23  Subsection (e) to read as follows:
   1-24        (c)  A person employed as a peace officer is not eligible for
    2-1  appointment as a department supervision <an> officer or department
    2-2  residential officer under this section.
    2-3        (e)  A field unit officer is subject to all licensing,
    2-4  testing, and educational requirements and psychological and
    2-5  physical examination requirements under Chapter 415, Government
    2-6  Code.
    2-7        SECTION 3.  Article 2.12, Code of Criminal Procedure, as
    2-8  amended by Chapters 339, 695, and 912, Acts of the 73rd
    2-9  Legislature, Regular Session, 1993, is amended to read as follows:
   2-10        Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
   2-11  officers:
   2-12              (1)  sheriffs and their deputies;
   2-13              (2)  constables and deputy constables;
   2-14              (3)  marshals or police officers of an incorporated
   2-15  city, town, or village;
   2-16              (4)  rangers and officers commissioned by the Public
   2-17  Safety Commission and the Director of the Department of Public
   2-18  Safety;
   2-19              (5)  investigators of the district attorneys', criminal
   2-20  district attorneys', and county attorneys' offices;
   2-21              (6)  law enforcement agents of the Texas Alcoholic
   2-22  Beverage Commission;
   2-23              (7)  each member of an arson investigating unit
   2-24  commissioned by a city, a county, or the state;
   2-25              (8)  officers commissioned under Section 21.483,
   2-26  Education  Code, or Subchapter E, Chapter 51, Education Code;
   2-27              (9)  officers commissioned by the General Services
    3-1  Commission;
    3-2              (10)  law enforcement officers commissioned by the
    3-3  Parks and  Wildlife Commission;
    3-4              (11)  airport police officers commissioned by a city
    3-5  with a population of more than one million, according to the most
    3-6  recent federal census, that operates an airport that serves
    3-7  commercial air carriers;
    3-8              (12)  airport security personnel commissioned as peace
    3-9  officers by the governing body of any political subdivision of this
   3-10  state, other than a city described by Subdivision (11), that
   3-11  operates an airport that serves commercial air carriers;
   3-12              (13)  municipal park and recreational patrolmen and
   3-13  security officers;
   3-14              (14)  security officers commissioned as peace officers
   3-15  by  the State Treasurer;
   3-16              (15)  officers commissioned by a water control and
   3-17  improvement district under Section 51.132, Water Code;
   3-18              (16)  officers commissioned by a board of trustees
   3-19  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   3-20  1961 (Article 1187f, Vernon's Texas Civil Statutes);
   3-21              (17)  investigators commissioned by the Texas State
   3-22  Board of Medical Examiners;
   3-23              (18)  officers commissioned by the board of managers of
   3-24  the Dallas County Hospital District, the  Tarrant County Hospital
   3-25  District, or the Bexar County Hospital District under Section
   3-26  281.057, Health and Safety Code;
   3-27              (19)  county park rangers commissioned under Subchapter
    4-1  E, Chapter 351, Local Government Code;
    4-2              (20)  investigators employed by the Texas Racing
    4-3  Commission;
    4-4              (21)  officers commissioned by the State Board of
    4-5  Pharmacy;
    4-6              (22)  officers commissioned by the governing body of a
    4-7  metropolitan rapid transit authority under Section 13, Chapter 141,
    4-8  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
    4-9  Vernon's Texas Civil Statutes), or by a regional transportation
   4-10  authority under Section 10, Chapter 683, Acts of the 66th
   4-11  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   4-12  Civil Statutes);
   4-13              (23)  officers commissioned by the Texas High-Speed
   4-14  Rail Authority;
   4-15              (24)  investigators commissioned by the attorney
   4-16  general under Section 402.009, Government Code;
   4-17              (25)  security officers and investigators commissioned
   4-18  as peace officers under Chapter 466, Government Code; <and>
   4-19              (26)  an officer employed by the Texas  Department of
   4-20  Health under Section 431.2471, Health and Safety Code; <.>
   4-21              (27) <(26)>  officers appointed by an appellate court
   4-22  under Subchapter F, Chapter 53, Government Code; <.>
   4-23              (28) <(26)>  officers commissioned by the state fire
   4-24  marshal under Chapter 417, Government Code; and
   4-25              (29)  field unit officers commissioned by directors of
   4-26  community supervision and corrections departments.
   4-27        SECTION 4.  The importance of this legislation and the
    5-1  crowded condition of the calendars in both houses create an
    5-2  emergency and an imperative public necessity that the
    5-3  constitutional rule requiring bills to be read on three several
    5-4  days in each house be suspended, and this rule is hereby suspended,
    5-5  and that this Act take effect and be in force from and after its
    5-6  passage, and it is so enacted.