JWW H.B. 3018 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 3018
By: Allen
5-1-97
Committee Report (Unamended)



BACKGROUND 

Currently, special agents within the Texas Department of Human Services
are confronted with situations where arrest powers are required.  Because
these special agents lack arrest powers, they must inform law enforcement
officers and await the officers' availability to arrest.  As commissioned
peace officers, special agents could apprehend and identify a suspect
committing a felony and seize evidence that is incidental to that arrest.  

PURPOSE

This bill will allow the commissioner the Texas Department of Human
Services to commission special agents as commissioned peace officers. 

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. Section 21.005, Human Resources Code, is amended by adding
Subsection (d) to read as follows: 
 
(d) The commissioner may commission as peace officers the number of
special agents necessary to conduct fraud investigation and control.  The
agent must be a a full-time employee of the department,  and the agent's
duties must be performed by or with the the assistance of a commissioned
peace officer. 

SECTION 2.  Article 2.12, Code of Criminal Procedure, is amended to read
as follows: 

(22) Officers commissioned by the governing body of a metropolitan rapid
transit authority under Section 451.108, Transportation Code, or by a
regional transportation authority under Section 452.110, Transportation
Code, are peace officers 

(30)  A special agent commissioned by the human services commissioner
under Section 21.005, Human Resources Code, is a peace officer. 

SECTION 3.  Effective Date: September 1, 1997

SECTION 4.  Emergency Clause.