By Gallegos S.B. No. 881
74R5239 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conduct of investigations and the commissioning of
1-3 peace officers by the Commission on Law Enforcement Officer
1-4 Standards and Education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 415, Government Code, is
1-7 amended by adding Sections 415.016 and 415.017 to read as follows:
1-8 Sec. 415.016. INVESTIGATIVE OFFICERS. The commission may
1-9 employ investigative officers to enforce this chapter and may
1-10 commission the officers as peace officers. Before issuance of a
1-11 commission to an officer under this section, the officer shall take
1-12 an oath of office for the faithful performance of the officer's
1-13 duties and shall make and execute a bond as required by the
1-14 commission. An officer commissioned under this section may conduct
1-15 an investigation related to the enforcement of this chapter and, in
1-16 connection with that investigation, may take a statement under oath
1-17 or affirmation.
1-18 Sec. 415.017. INVESTIGATIONS; REMEDIES. (a) The commission
1-19 may conduct an investigation of the records of a person or a law
1-20 enforcement agency covered by this chapter if the commission
1-21 receives information alleging that the person or agency violated
1-22 this chapter or a rule adopted under this chapter. During the
1-23 investigation, the commission is entitled to access to the
1-24 information held by a law enforcement agency.
2-1 (b) For the purpose of an investigation, the commission may:
2-2 (1) administer oaths or affirmations;
2-3 (2) subpoena witnesses, including a licensee, chief
2-4 administrator, or any other person; or
2-5 (3) subpoena records, books, documents, or
2-6 computerized information.
2-7 (c) A subpoena issued by the commission may be served and is
2-8 enforceable throughout the state. If a person fails to obey a
2-9 subpoena, the commission may petition a district court of Travis
2-10 County or a district court of the county in which the person on
2-11 whom the subpoena was served is located to enforce the subpoena.
2-12 The court shall give preference to an action brought under this
2-13 subsection in setting its docket and, if it finds that good cause
2-14 exists for the issuance of the subpoena, shall order the person's
2-15 compliance with the requirements of the subpoena.
2-16 (d) If a person refuses to testify or produce evidence on
2-17 the ground that it may incriminate the person under laws of this
2-18 state, the commission may, to the extent constitutionally
2-19 permissible, compel the person to testify or produce evidence.
2-20 (e) The commission may petition a district court to enjoin a
2-21 violation of this chapter. The action shall be brought in
2-22 district court in Travis County. The court shall give preference
2-23 to an action brought under this subsection in setting its docket.
2-24 The court may not require the commission to allege or prove that an
2-25 adequate remedy at law does not exist or that substantial or
2-26 irreparable damage will result from a continued violation. The
2-27 commission is not required to give an appeal bond in an action
3-1 arising under this section. The commission may be represented by
3-2 the attorney general or by a district or county attorney.
3-3 (f) An action brought under this section is in addition to
3-4 any other remedy provided by law.
3-5 SECTION 2. Article 2.12, Code of Criminal Procedure, as
3-6 amended by Chapters 339, 695, and 912, Acts of the 73rd
3-7 Legislature, Regular Session, 1993, is amended to read as follows:
3-8 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
3-9 officers:
3-10 (1) sheriffs and their deputies;
3-11 (2) constables and deputy constables;
3-12 (3) marshals or police officers of an incorporated
3-13 city, town, or village;
3-14 (4) rangers and officers commissioned by the Public
3-15 Safety Commission and the Director of the Department of Public
3-16 Safety;
3-17 (5) investigators of the district attorneys', criminal
3-18 district attorneys', and county attorneys' offices;
3-19 (6) law enforcement agents of the Texas Alcoholic
3-20 Beverage Commission;
3-21 (7) each member of an arson investigating unit
3-22 commissioned by a city, a county, or the state;
3-23 (8) officers commissioned under Section 21.483,
3-24 Education Code, or Subchapter E, Chapter 51, Education Code;
3-25 (9) officers commissioned by the General Services
3-26 Commission;
3-27 (10) law enforcement officers commissioned by the
4-1 Parks and Wildlife Commission;
4-2 (11) airport police officers commissioned by a city
4-3 with a population of more than one million, according to the most
4-4 recent federal census, that operates an airport that serves
4-5 commercial air carriers;
4-6 (12) airport security personnel commissioned as peace
4-7 officers by the governing body of any political subdivision of this
4-8 state, other than a city described by Subdivision (11), that
4-9 operates an airport that serves commercial air carriers;
4-10 (13) municipal park and recreational patrolmen and
4-11 security officers;
4-12 (14) security officers commissioned as peace officers
4-13 by the State Treasurer;
4-14 (15) officers commissioned by a water control and
4-15 improvement district under Section 51.132, Water Code;
4-16 (16) officers commissioned by a board of trustees
4-17 under Chapter 341, Acts of the 57th Legislature, Regular Session,
4-18 1961 (Article 1187f, Vernon's Texas Civil Statutes);
4-19 (17) investigators commissioned by the Texas State
4-20 Board of Medical Examiners;
4-21 (18) officers commissioned by the board of managers of
4-22 the Dallas County Hospital District, the Tarrant County Hospital
4-23 District, or the Bexar County Hospital District under Section
4-24 281.057, Health and Safety Code;
4-25 (19) county park rangers commissioned under Subchapter
4-26 E, Chapter 351, Local Government Code;
4-27 (20) investigators employed by the Texas Racing
5-1 Commission;
5-2 (21) officers commissioned by the State Board of
5-3 Pharmacy;
5-4 (22) officers commissioned by the governing body of a
5-5 metropolitan rapid transit authority under Section 13, Chapter 141,
5-6 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
5-7 Vernon's Texas Civil Statutes), or by a regional transportation
5-8 authority under Section 10, Chapter 683, Acts of the 66th
5-9 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
5-10 Civil Statutes);
5-11 (23) officers commissioned by the Texas High-Speed
5-12 Rail Authority;
5-13 (24) investigators commissioned by the attorney
5-14 general under Section 402.009, Government Code;
5-15 (25) security officers and investigators commissioned
5-16 as peace officers under Chapter 466, Government Code; <and>
5-17 (26) an officer employed by the Texas Department of
5-18 Health under Section 431.2471, Health and Safety Code;<.>
5-19 (27) <(26)> officers appointed by an appellate court
5-20 under Subchapter F, Chapter 53, Government Code;<.>
5-21 (28) <(26)> officers commissioned by the state fire
5-22 marshal under Chapter 417, Government Code; and
5-23 (29) an officer commissioned by the Commission on Law
5-24 Enforcement Officer Standards and Education under Section 415.016,
5-25 Government Code.
5-26 SECTION 3. This Act takes effect September 1, 1995.
5-27 SECTION 4. The change in law made by Sections 415.016 and
6-1 415.017, Government Code, as added by this Act, applies only to an
6-2 investigation that is initiated on or after the effective date of
6-3 this Act.
6-4 SECTION 5. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.