By Allen H.B. No. 3018
75R7926 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the commissioning of peace officers by the commissioner
1-3 of human services for purposes of fraud investigation and control.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.005, Human Resources Code, is amended
1-6 by adding Subsection (d) to read as follows:
1-7 (d) The commissioner may commission as peace officers the
1-8 number of special agents necessary to conduct fraud investigation
1-9 and control. A special agent may be commissioned as a peace
1-10 officer under this subsection only if:
1-11 (1) the agent is a full-time employee of the
1-12 department; and
1-13 (2) the agent's duties are duties that are required to
1-14 be performed by or with the assistance of a commissioned peace
1-15 officer.
1-16 SECTION 2. Article 2.12, Code of Criminal Procedure, is
1-17 amended to read as follows:
1-18 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-19 officers:
1-20 (1) sheriffs and their deputies;
1-21 (2) constables and deputy constables;
1-22 (3) marshals or police officers of an incorporated
1-23 city, town, or village;
1-24 (4) rangers and officers commissioned by the Public
2-1 Safety Commission and the Director of the Department of Public
2-2 Safety;
2-3 (5) investigators of the district attorneys', criminal
2-4 district attorneys', and county attorneys' offices;
2-5 (6) law enforcement agents of the Texas Alcoholic
2-6 Beverage Commission;
2-7 (7) each member of an arson investigating unit
2-8 commissioned by a city, a county, or the state;
2-9 (8) officers commissioned under Section 37.081,
2-10 Education Code, or Subchapter E, Chapter 51, Education Code;
2-11 (9) officers commissioned by the General Services
2-12 Commission;
2-13 (10) law enforcement officers commissioned by the
2-14 Parks and Wildlife Commission;
2-15 (11) airport police officers commissioned by a city
2-16 with a population of more than one million, according to the most
2-17 recent federal census, that operates an airport that serves
2-18 commercial air carriers;
2-19 (12) airport security personnel commissioned as peace
2-20 officers by the governing body of any political subdivision of this
2-21 state, other than a city described by Subdivision (11), that
2-22 operates an airport that serves commercial air carriers;
2-23 (13) municipal park and recreational patrolmen and
2-24 security officers;
2-25 (14) security officers commissioned as peace officers
2-26 by the State Treasurer;
2-27 (15) officers commissioned by a water control and
3-1 improvement district under Section 51.132, Water Code;
3-2 (16) officers commissioned by a board of trustees
3-3 under Chapter 341, Acts of the 57th Legislature, Regular Session,
3-4 1961 (Article 1187f, Vernon's Texas Civil Statutes);
3-5 (17) investigators commissioned by the Texas State
3-6 Board of Medical Examiners;
3-7 (18) officers commissioned by the board of managers of
3-8 the Dallas County Hospital District, the Tarrant County Hospital
3-9 District, or the Bexar County Hospital District under Section
3-10 281.057, Health and Safety Code;
3-11 (19) county park rangers commissioned under Subchapter
3-12 E, Chapter 351, Local Government Code;
3-13 (20) investigators employed by the Texas Racing
3-14 Commission;
3-15 (21) officers commissioned by the State Board of
3-16 Pharmacy;
3-17 (22) officers commissioned by the governing body of a
3-18 metropolitan rapid transit authority under Section 451.108,
3-19 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
3-20 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
3-21 Statutes)], or by a regional transportation authority under Section
3-22 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
3-23 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
3-24 Civil Statutes)];
3-25 (23) [officers commissioned under the Texas High-Speed
3-26 Rail Act (Article 6674v.2, Revised Statutes);]
3-27 [(24)] investigators commissioned by the attorney
4-1 general under Section 402.009, Government Code;
4-2 (24) [(25)] security officers and investigators
4-3 commissioned as peace officers under Chapter 466, Government Code;
4-4 (25) [(26)] an officer employed by the Texas
4-5 Department of Health under Section 431.2471, Health and Safety
4-6 Code;
4-7 (26) [(27)] officers appointed by an appellate court
4-8 under Subchapter F, Chapter 53, Government Code;
4-9 (27) [(28)] officers commissioned by the state fire
4-10 marshal under Chapter 417, Government Code; [and]
4-11 (28) [(29)] an investigator commissioned by the
4-12 commissioner of insurance under Article 1.10D, Insurance Code;[.]
4-13 (29) apprehension specialists commissioned by the
4-14 Texas Youth Commission as officers under Section 61.0931, Human
4-15 Resources Code; and
4-16 (30) a special agent commissioned by the commissioner
4-17 of human services under Section 21.005, Human Resources Code.
4-18 SECTION 3. This Act takes effect September 1, 1997.
4-19 SECTION 4. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.