1-1 By: Allen (Senate Sponsor - Nelson) H.B. No. 3018
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 18, 1997, reported favorably by the
1-5 following vote: Yeas 8, Nays 2; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the commissioning of peace officers by the commissioner
1-9 of human services for purposes of fraud investigation and control.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 21.005, Human Resources Code, is amended
1-12 by adding Subsection (d) to read as follows:
1-13 (d) The commissioner may commission as peace officers the
1-14 number of special agents necessary to conduct fraud investigation
1-15 and control. A special agent may be commissioned as a peace
1-16 officer under this subsection only if:
1-17 (1) the agent is a full-time employee of the
1-18 department; and
1-19 (2) the agent's duties are duties that are required to
1-20 be performed by or with the assistance of a commissioned peace
1-21 officer.
1-22 SECTION 2. Article 2.12, Code of Criminal Procedure, is
1-23 amended to read as follows:
1-24 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-25 officers:
1-26 (1) sheriffs and their deputies;
1-27 (2) constables and deputy constables;
1-28 (3) marshals or police officers of an incorporated
1-29 city, town, or village;
1-30 (4) rangers and officers commissioned by the Public
1-31 Safety Commission and the Director of the Department of Public
1-32 Safety;
1-33 (5) investigators of the district attorneys', criminal
1-34 district attorneys', and county attorneys' offices;
1-35 (6) law enforcement agents of the Texas Alcoholic
1-36 Beverage Commission;
1-37 (7) each member of an arson investigating unit
1-38 commissioned by a city, a county, or the state;
1-39 (8) officers commissioned under Section 37.081,
1-40 Education Code, or Subchapter E, Chapter 51, Education Code;
1-41 (9) officers commissioned by the General Services
1-42 Commission;
1-43 (10) law enforcement officers commissioned by the
1-44 Parks and Wildlife Commission;
1-45 (11) airport police officers commissioned by a city
1-46 with a population of more than one million, according to the most
1-47 recent federal census, that operates an airport that serves
1-48 commercial air carriers;
1-49 (12) airport security personnel commissioned as peace
1-50 officers by the governing body of any political subdivision of this
1-51 state, other than a city described by Subdivision (11), that
1-52 operates an airport that serves commercial air carriers;
1-53 (13) municipal park and recreational patrolmen and
1-54 security officers;
1-55 (14) security officers commissioned as peace officers
1-56 by the State Treasurer;
1-57 (15) officers commissioned by a water control and
1-58 improvement district under Section 51.132, Water Code;
1-59 (16) officers commissioned by a board of trustees
1-60 under Chapter 341, Acts of the 57th Legislature, Regular Session,
1-61 1961 (Article 1187f, Vernon's Texas Civil Statutes);
1-62 (17) investigators commissioned by the Texas State
1-63 Board of Medical Examiners;
1-64 (18) officers commissioned by the board of managers of
2-1 the Dallas County Hospital District, the Tarrant County Hospital
2-2 District, or the Bexar County Hospital District under Section
2-3 281.057, Health and Safety Code;
2-4 (19) county park rangers commissioned under Subchapter
2-5 E, Chapter 351, Local Government Code;
2-6 (20) investigators employed by the Texas Racing
2-7 Commission;
2-8 (21) officers commissioned by the State Board of
2-9 Pharmacy;
2-10 (22) officers commissioned by the governing body of a
2-11 metropolitan rapid transit authority under Section 451.108,
2-12 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
2-13 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
2-14 Statutes)], or by a regional transportation authority under Section
2-15 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
2-16 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-17 Civil Statutes)];
2-18 (23) [officers commissioned under the Texas High-Speed
2-19 Rail Act (Article 6674v.2, Revised Statutes);]
2-20 [(24)] investigators commissioned by the attorney
2-21 general under Section 402.009, Government Code;
2-22 (24) [(25)] security officers and investigators
2-23 commissioned as peace officers under Chapter 466, Government Code;
2-24 (25) [(26)] an officer employed by the Texas
2-25 Department of Health under Section 431.2471, Health and Safety
2-26 Code;
2-27 (26) [(27)] officers appointed by an appellate court
2-28 under Subchapter F, Chapter 53, Government Code;
2-29 (27) [(28)] officers commissioned by the state fire
2-30 marshal under Chapter 417, Government Code; [and]
2-31 (28) [(29)] an investigator commissioned by the
2-32 commissioner of insurance under Article 1.10D, Insurance Code;[.]
2-33 (29) apprehension specialists commissioned by the
2-34 Texas Youth Commission as officers under Section 61.0931, Human
2-35 Resources Code; and
2-36 (30) a special agent commissioned by the commissioner
2-37 of human services under Section 21.005, Human Resources Code.
2-38 SECTION 3. This Act takes effect September 1, 1997.
2-39 SECTION 4. The importance of this legislation and the
2-40 crowded condition of the calendars in both houses create an
2-41 emergency and an imperative public necessity that the
2-42 constitutional rule requiring bills to be read on three several
2-43 days in each house be suspended, and this rule is hereby suspended.
2-44 * * * * *