By Bailey H.B. No. 1232
75R3593 CLG-D
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. (a) The commission
1-9 may employ investigative officers to enforce this chapter and may
1-10 commission the officers as peace officers.
1-11 (b) Before issuance of a commission to an officer under this
1-12 section, the officer shall take an oath of office for the faithful
1-13 performance of the officer's duties and shall make and execute a
1-14 bond as required by the commission.
1-15 (c) An officer commissioned under this section may conduct
1-16 an investigation related to the enforcement of this chapter and, in
1-17 connection with that investigation, may take a statement under oath
1-18 or affirmation.
1-19 Sec. 415.017. INVESTIGATIONS; REMEDIES. (a) The commission
1-20 may conduct an investigation of the records of a person or a law
1-21 enforcement agency covered by this chapter if the commission
1-22 receives information alleging that the person or agency violated
1-23 this chapter or a rule adopted under this chapter. During the
1-24 investigation, the commission is entitled to access to the
2-1 information held by a law enforcement agency.
2-2 (b) For the purpose of an investigation, the commission may:
2-3 (1) administer oaths or affirmations;
2-4 (2) subpoena witnesses, including a license holder,
2-5 chief administrator, or any other person; or
2-6 (3) subpoena records, books, documents, or
2-7 computerized information.
2-8 (c) A subpoena issued by the commission may be served and is
2-9 enforceable throughout the state. If a person fails to obey a
2-10 subpoena, the commission may petition a district court in Travis
2-11 County or a district court in the county in which the person on
2-12 whom the subpoena was served is located to enforce the subpoena.
2-13 The court shall give preference to an action brought under this
2-14 subsection in setting its docket and, if it finds that good cause
2-15 exists for the issuance of the subpoena, shall order the person's
2-16 compliance with the requirements of the subpoena.
2-17 (d) If a person refuses to testify or produce evidence on
2-18 the ground that it may incriminate the person under laws of this
2-19 state, the commission may, to the extent constitutionally
2-20 permissible, compel the person to testify or produce evidence.
2-21 (e) The commission may petition a district court to enjoin a
2-22 violation of this chapter. The action shall be brought in
2-23 district court in Travis County. The court shall give preference
2-24 to an action brought under this subsection in setting its docket.
2-25 The court may not require the commission to allege or prove that an
2-26 adequate remedy at law does not exist or that substantial or
2-27 irreparable damage will result from a continued violation. The
3-1 commission is not required to give an appeal bond in an action
3-2 arising under this section. The commission may be represented by
3-3 the attorney general or by a district or county attorney.
3-4 (f) An action brought under this section is in addition to
3-5 any other remedy provided by law.
3-6 SECTION 2. Article 2.12, Code of Criminal Procedure, is
3-7 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 37.081,
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 451.108,
5-6 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
5-7 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
5-8 Statutes)], or by a regional transportation authority under Section
5-9 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
5-10 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
5-11 Civil Statutes)];
5-12 (23) [officers commissioned under the Texas High-Speed
5-13 Rail Act (Article 6674v.2, Revised Statutes);]
5-14 [(24)] investigators commissioned by the attorney
5-15 general under Section 402.009, Government Code;
5-16 (24) [(25)] security officers and investigators
5-17 commissioned as peace officers under Chapter 466, Government Code;
5-18 (25) [(26)] an officer employed by the Texas
5-19 Department of Health under Section 431.2471, Health and Safety
5-20 Code;
5-21 (26) [(27)] officers appointed by an appellate court
5-22 under Subchapter F, Chapter 53, Government Code;
5-23 (27) [(28)] officers commissioned by the state fire
5-24 marshal under Chapter 417, Government Code; [and]
5-25 (28) [(29)] an investigator commissioned by the
5-26 commissioner of insurance under Article 1.10D, Insurance Code;[.]
5-27 (29) apprehension specialists commissioned by the
6-1 Texas Youth Commission as officers under Section 61.0931, Human
6-2 Resources Code; and
6-3 (30) an officer commissioned by the Commission on Law
6-4 Enforcement Officer Standards and Education under Section 415.016,
6-5 Government Code.
6-6 SECTION 3. This Act takes effect September 1, 1997.
6-7 SECTION 4. The change in law made by Sections 415.016 and
6-8 415.017, Government Code, as added by this Act, applies only to an
6-9 investigation that is initiated on or after the effective date of
6-10 this Act.
6-11 SECTION 5. The importance of this legislation and the
6-12 crowded condition of the calendars in both houses create an
6-13 emergency and an imperative public necessity that the
6-14 constitutional rule requiring bills to be read on three several
6-15 days in each house be suspended, and this rule is hereby suspended.