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.