75R15588 MWV-D
By Lucio S.B. No. 432
Substitute the following for S.B. No. 432:
By Wilson C.S.S.B. No. 432
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of lotteries, bingo, horse racing, and
1-3 greyhound racing by the following state agencies: Texas Gaming
1-4 Commission, Texas Lottery Commission, Texas Bingo Commission, and
1-5 Texas Racing Commission.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. TEXAS GAMING COMMISSION
1-8 SECTION 1.01. Subtitle E, Title 4, Government Code, is
1-9 amended by adding Chapter 468 to read as follows:
1-10 CHAPTER 468. TEXAS GAMING COMMISSION
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Sec. 468.001. DEFINITIONS. In this chapter:
1-13 (1) "Commission" means the Texas Gaming Commission.
1-14 (2) "Executive director" means the executive director
1-15 of the Texas Gaming Commission.
1-16 Sec. 468.002. APPLICATION OF SUNSET ACT. The commission is
1-17 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-18 existence as provided by that chapter, the commission is abolished
1-19 and this chapter expires September 1, 2003.
1-20 (Sections 468.003-468.020 reserved for expansion
1-21 SUBCHAPTER B. COMMISSION
1-22 Sec. 468.021. MEMBERSHIP. The commission is composed of the
1-23 members of the Texas Lottery Commission, the Texas bingo
1-24 commissioner, the members of the Texas Racing Commission, the
2-1 comptroller, the presiding officer of the Public Safety Commission,
2-2 and the state auditor. The comptroller, the presiding officer of
2-3 the Public Safety Commission, and the state auditor are nonvoting
2-4 members of the commission.
2-5 Sec. 468.022. ADDITIONAL DUTY. Service on the commission is
2-6 an additional duty of the other state office held by the member.
2-7 Sec. 468.023. OFFICES. The commission shall maintain its
2-8 general office in the city of Austin. The commission may also
2-9 establish branch offices.
2-10 Sec. 468.024. PRESIDING OFFICER. The governor shall
2-11 designate one member of the commission as presiding officer of the
2-12 commission to serve in that capacity at the will of the governor.
2-13 Sec. 468.025. MEETINGS. The commission shall hold at least
2-14 six regular meetings each year on dates fixed by the commission.
2-15 The commission may meet at other times at the call of the presiding
2-16 officer or as provided by commission rule.
2-17 Sec. 468.026. ASSISTANCE TO INDEPENDENT REGULATORY
2-18 COMMISSIONS. The commission shall assist the independently
2-19 operating Texas Bingo Commission, Texas Lottery Commission, and
2-20 Texas Racing Commission in performing their functions regarding:
2-21 (1) bingo;
2-22 (2) greyhound and horse racing; and
2-23 (3) the state lottery.
2-24 Sec. 468.027. EXECUTIVE DIRECTOR. (a) The commission shall
2-25 employ an executive director.
2-26 (b) The executive director holds office at the will of the
2-27 commission and is specifically exempted from Chapter 654.
3-1 Sec. 468.028. DIVISION DIRECTORS. The executive director
3-2 may employ a director to supervise each division. A division
3-3 director serves at the will of the executive director and is
3-4 specifically exempted from Chapter 654.
3-5 Sec. 468.029. EMPLOYEES. The executive director shall
3-6 employ other personnel as necessary. Commission employees serve at
3-7 the will of the executive director.
3-8 Sec. 468.030. RESTRICTIONS ON EMPLOYMENT. (a) The
3-9 commission may not employ or continue to employ a person who owns a
3-10 financial interest in:
3-11 (1) a bingo commercial lessor, bingo distributor, or
3-12 bingo manufacturer;
3-13 (2) a lottery sales agency or a lottery operator; or
3-14 (3) a business providing goods or services to the
3-15 greyhound or horse racing industry.
3-16 (b) The commission may not employ or continue to employ a
3-17 person who is a spouse, child, brother, sister, or parent residing
3-18 as a member of the same household in the principal place of
3-19 residence of a person who is subject to a disqualification under
3-20 Subsection (a).
3-21 (c) In employing the executive director and other employees,
3-22 the commission shall strive to reflect the diversity of the
3-23 population of the state as regards race, color, handicap, sex,
3-24 religion, age, and national origin.
3-25 Sec. 468.031. ACCESS TO CRIMINAL HISTORY RECORDS. The
3-26 commission shall conduct an investigation of and is entitled to
3-27 obtain criminal history record information maintained by the
4-1 Department of Public Safety, the Federal Bureau of Investigation
4-2 identification division, or another law enforcement agency relating
4-3 to an individual the commission intends to employ.
4-4 (Sections 468.032-468.100 reserved for expansion
4-5 SUBCHAPTER C. POWERS AND DUTIES
4-6 Sec. 468.101. POWERS AND DUTIES OF COMMISSION. (a) The
4-7 commission shall perform the following functions for the Texas
4-8 Bingo Commission, Texas Racing Commission, and Texas Lottery
4-9 Commission:
4-10 (1) data processing functions;
4-11 (2) the administration of records relating to payroll,
4-12 personnel files, vacation and other leave records, employee
4-13 insurance and other benefits records, and employee applications;
4-14 and
4-15 (3) the issuance and renewal of licenses, including
4-16 administration of written examinations and collection of fees, the
4-17 ministerial functions of preparing and delivering licenses,
4-18 obtaining material and information in connection with the renewal
4-19 of a license, and receiving and forwarding complaints to the
4-20 appropriate agency.
4-21 (b) The commission may, as provided by a memorandum of
4-22 understanding with the affected agency, develop and prepare a
4-23 budget for:
4-24 (1) the Texas Bingo Commission;
4-25 (2) the Texas Racing Commission; and
4-26 (3) the Texas Lottery Commission.
4-27 (c) The commission shall, periodically and in a manner that
5-1 the commission considers appropriate, efficient, and thorough,
5-2 examine and evaluate the operations of:
5-3 (1) the Texas Bingo Commission;
5-4 (2) the Texas Racing Commission; and
5-5 (3) the Texas Lottery Commission.
5-6 Sec. 468.102. AUDIT. The commission may authorize, from
5-7 funds appropriated to it, all necessary disbursements to carry out
5-8 an audit of the financial transactions, operations, and management
5-9 of:
5-10 (1) the Texas Bingo Commission;
5-11 (2) the Texas Racing Commission; and
5-12 (3) the Texas Lottery Commission.
5-13 Sec. 468.103. RULES. (a) The commission may adopt rules as
5-14 necessary for operation of the commission.
5-15 (b) The commission may review all rules adopted by:
5-16 (1) the Texas Bingo Commission;
5-17 (2) the Texas Racing Commission; and
5-18 (3) the Texas Lottery Commission.
5-19 (c) The commission may recommend a change to a rule after
5-20 completion of the review under Subsection (b) if the commission
5-21 determines a change is in the best interest of the state.
5-22 Sec. 468.104. DUTIES OF EXECUTIVE DIRECTOR. (a) The
5-23 executive director shall perform the duties required by the
5-24 commission to administer this chapter. The executive director may
5-25 not hold other employment.
5-26 (b) The executive director may create, abolish, transfer,
5-27 and consolidate bureaus and other units that are part of the
6-1 commission and that are not expressly established by law as the
6-2 executive director determines to be necessary for the efficient
6-3 operation of the commission.
6-4 Sec. 468.105. RECORDS. (a) All commission records that are
6-5 not made confidential by other law are open to inspection by the
6-6 public during regular office hours.
6-7 (b) The executive director shall keep the records of the
6-8 commission.
6-9 Sec. 468.106. REPORTS AND RECOMMENDATIONS. (a) The
6-10 commission shall prepare a report of its activities and shall file
6-11 the report with the presiding officer of each house of the
6-12 legislature, the governor, and the Legislative Budget Board. The
6-13 commission shall file the report before January 1 of each year.
6-14 (b) The commission shall file annually with the governor and
6-15 the presiding officer of each house of the legislature a complete
6-16 and detailed written report accounting for all funds received and
6-17 disbursed during the preceding fiscal year by:
6-18 (1) the commission;
6-19 (2) the Texas Bingo Commission;
6-20 (3) the Texas Racing Commission; and
6-21 (4) the Texas Lottery Commission.
6-22 Sec. 468.107. COOPERATION. Each agency represented on the
6-23 commission shall cooperate with the commission.
6-24 SECTION 1.02. (a) The Texas Gaming Commission, composed as
6-25 provided by Chapter 468, Government Code, as added by this Act, is
6-26 created.
6-27 (b) As soon as possible after the effective date of this
7-1 Act, the Texas Gaming Commission shall employ the executive
7-2 director of the Texas Gaming Commission in accordance with Chapter
7-3 468, Government Code, as added by this Act.
7-4 (c) The governor or the person designated by the governor to
7-5 be the presiding officer of the Texas Gaming Commission created by
7-6 this Act may designate a person to perform the ministerial duties
7-7 necessary for posting notice of and holding the first meeting of
7-8 the Texas Gaming Commission created by this Act.
7-9 ARTICLE 2. TEXAS LOTTERY COMMISSION
7-10 SECTION 2.01. Section 467.033, Government Code, is amended
7-11 to read as follows:
7-12 Sec. 467.033. LOTTERY DIVISION DIRECTOR [DIRECTORS]. The
7-13 executive director shall employ a director to oversee the lottery
7-14 [each] division. The lottery [A] division director serves at the
7-15 will of the executive director and is specifically exempted from
7-16 Chapter 654.
7-17 SECTION 2.02. Section 467.035(a), Government Code, is
7-18 amended to read as follows:
7-19 (a) The commission may not employ or continue to employ a
7-20 person who owns a financial interest in[:]
7-21 [(1) a bingo commercial lessor, bingo distributor, or
7-22 bingo manufacturer; or]
7-23 [(2)] a lottery sales agency or a lottery operator.
7-24 SECTION 2.03. Sections 467.101(a) and (c), Government Code,
7-25 are amended to read as follows:
7-26 (a) The commission has broad authority and shall exercise
7-27 strict control and close supervision over all activities authorized
8-1 and conducted in this state under[:]
8-2 [(1) the Bingo Enabling Act (Article 179d, Vernon's
8-3 Texas Civil Statutes); and]
8-4 [(2)] Chapter 466.
8-5 (c) The commission also has the powers and duties granted
8-6 under[:]
8-7 [(1) the Bingo Enabling Act (Article 179d, Vernon's
8-8 Texas Civil Statutes); and]
8-9 [(2)] Chapter 466.
8-10 SECTION 2.04. Sections 467.021(c), 467.031, and 467.032(c),
8-11 Government Code, are repealed.
8-12 ARTICLE 3. TEXAS BINGO COMMISSION
8-13 SECTION 3.01. Section 2(20), Bingo Enabling Act (Article
8-14 179d, Vernon's Texas Civil Statutes), is amended to read as
8-15 follows:
8-16 (20) "Commission" and "commissioner" mean [means] the
8-17 Texas bingo commissioner [Lottery Commission].
8-18 SECTION 3.02. The Bingo Enabling Act (Article 179d, Vernon's
8-19 Texas Civil Statutes) is amended by adding Sections 2A-2S to read
8-20 as follows:
8-21 Sec. 2A. APPLICATION OF SUNSET ACT. The commission is
8-22 subject to Chapter 325, Government Code (Texas Sunset Act).
8-23 Unless continued in existence as provided by that chapter, the
8-24 commission is abolished and this Act expires September 1, 2003.
8-25 Sec. 2B. MEMBERSHIP. The commission is composed of one
8-26 member known as the Texas bingo commissioner.
8-27 Sec. 2C. TERM. The Texas bingo commissioner serves at the
9-1 pleasure of the governor.
9-2 Sec. 2D. ELIGIBILITY. (a) An individual is not eligible to
9-3 be the Texas bingo commissioner if the individual:
9-4 (1) owns or controls, directly or indirectly, more
9-5 than a 10 percent interest in a business entity or other
9-6 organization regulated by the commission or receiving funds from
9-7 the commission;
9-8 (2) is employed by or participates in the management
9-9 of a business entity or other organization regulated by the
9-10 commission or receiving funds from the commission;
9-11 (3) uses or receives a substantial amount of tangible
9-12 goods, services, or funds from the commission, other than
9-13 compensation or reimbursement authorized by law for commission
9-14 membership, attendance, or expenses;
9-15 (4) is an officer, employee, or paid consultant of a
9-16 Texas trade association in the field of bingo;
9-17 (5) is required to register as a lobbyist under
9-18 Chapter 305, Government Code, because of the person's activities
9-19 for compensation on behalf of a profession related to the operation
9-20 of the commission;
9-21 (6) is married to an individual described by
9-22 Subdivisions (1)-(5);
9-23 (7) has been convicted of a felony or of any crime
9-24 involving moral turpitude; or
9-25 (8) is not a citizen of the United States.
9-26 (b) In this section, "Texas trade association" means a
9-27 nonprofit association of business or professional competitors in
10-1 this state designed to assist its members and its industry or
10-2 profession in dealing with mutual business or professional problems
10-3 and in promoting their common interest.
10-4 Sec. 2E. PROHIBITED CONDUCT. (a) The commissioner may not:
10-5 (1) accept any employment or remuneration from a bingo
10-6 commercial lessor, bingo distributor, or bingo manufacturer;
10-7 (2) play any bingo game conducted in this state;
10-8 (3) accept or be entitled to accept any part of the
10-9 winnings to be paid from a bingo game conducted in this state;
10-10 (4) use the commissioner's official authority to
10-11 affect the result of an election or nomination for public office;
10-12 or
10-13 (5) directly or indirectly coerce, attempt to coerce,
10-14 command, or advise a person to pay, lend, or contribute anything of
10-15 value to another person for political purposes.
10-16 (b) A commissioner or former commissioner or the spouse of a
10-17 commissioner or former commissioner may not solicit or accept
10-18 employment from a person regulated by the commissioner before the
10-19 second anniversary of the date on which the commissioner's service
10-20 to the commission ends.
10-21 Sec. 2F. REMOVAL OF COMMISSIONER. (a) It is a ground for
10-22 removal of the commissioner that the commissioner:
10-23 (1) does not have at the time of appointment the
10-24 qualifications required for appointment as the commissioner;
10-25 (2) does not maintain during service as the
10-26 commissioner the qualifications required for appointment as the
10-27 commissioner;
11-1 (3) violates a prohibition established by Section 2E
11-2 of this Act; or
11-3 (4) cannot discharge the commissioner's duties.
11-4 (b) The validity of an action of the commissioner is not
11-5 affected by the fact that it is taken when a ground for removal of
11-6 the commissioner exists.
11-7 Sec. 2G. COMPENSATION AND EXPENSES. (a) The commissioner
11-8 is entitled to compensation for serving as commissioner.
11-9 (b) The commissioner is entitled to reimbursement for actual
11-10 and necessary expenses incurred in performing the commissioner's
11-11 duties, subject to any applicable limitation in the General
11-12 Appropriations Act.
11-13 Sec. 2H. OFFICES. The commissioner's general office shall
11-14 be maintained in the city of Austin. The commissioner may also
11-15 establish branch offices.
11-16 Sec. 2I. EXECUTIVE DIRECTOR. (a) The commission shall
11-17 employ an executive director to administer this Act.
11-18 (b) The executive director holds office at the will of the
11-19 commission and is specifically exempted from Chapter 654,
11-20 Government Code.
11-21 Sec. 2J. EMPLOYEES. The executive director shall employ
11-22 other personnel necessary to administer the laws under the
11-23 commissioner's jurisdiction. Commission employees serve at the
11-24 will of the commissioner.
11-25 Sec. 2K. RESTRICTIONS ON EMPLOYMENT. (a) The commissioner
11-26 may not employ or continue to employ a person who owns a financial
11-27 interest in a bingo commercial lessor, bingo distributor, or bingo
12-1 manufacturer.
12-2 (b) The commissioner may not employ or continue to employ a
12-3 person who is a spouse, child, brother, sister, or parent residing
12-4 as a member of the same household in the principal place of
12-5 residence of a person who is subject to a disqualification under
12-6 Subsection (a) of this section.
12-7 (c) In employing the employees, the commissioner shall
12-8 strive to reflect the diversity of the population of the state as
12-9 regards race, color, handicap, sex, religion, age, and national
12-10 origin.
12-11 Sec. 2L. ACCESS TO CRIMINAL HISTORY RECORDS. The
12-12 commissioner shall conduct an investigation of and is entitled to
12-13 obtain criminal history record information maintained by the
12-14 Department of Public Safety, the Federal Bureau of Investigation
12-15 identification division, or another law enforcement agency relating
12-16 to an individual the commission intends to employ.
12-17 Sec. 2M. POWERS AND DUTIES OF COMMISSION. (a) The
12-18 commissioner has broad authority and shall exercise strict control
12-19 and close supervision over all activities authorized and conducted
12-20 in this state under this Act.
12-21 (b) The commission shall ensure that games are conducted
12-22 fairly and in compliance with the law.
12-23 Sec. 2N. RULES. The commission may adopt rules for the
12-24 enforcement and administration of this Act.
12-25 Sec. 2O. DUTIES OF EXECUTIVE DIRECTOR. (a) The executive
12-26 director shall perform all duties required by the commission to
12-27 administer this Act and the laws under the commission's
13-1 jurisdiction. The executive director may not hold other
13-2 employment.
13-3 (b) The executive director may create, abolish, transfer,
13-4 and consolidate bureaus and other units that are part of the
13-5 commission and that are not expressly established by law as the
13-6 executive director determines to be necessary for the efficient
13-7 operation of the commission.
13-8 Sec. 2P. RECORDS. (a) All commission records that are not
13-9 made confidential by other law are open to inspection by the public
13-10 during regular office hours.
13-11 (b) The executive director shall keep the records of the
13-12 commission.
13-13 Sec. 2Q. LEGAL REPRESENTATION. (a) The attorney general
13-14 shall designate at least one member of the attorney general's staff
13-15 to counsel and advise the commission and to represent the
13-16 commission in legal proceedings. The attorney general shall make
13-17 available to the appropriate prosecuting attorneys any information
13-18 obtained regarding a violation of a law under the commission's
13-19 jurisdiction.
13-20 (b) The attorney general may apply for injunctive or
13-21 declaratory relief to enforce a law under the commission's
13-22 jurisdiction or a rule adopted by the commission. Action by the
13-23 attorney general under this subsection does not limit the authority
13-24 of the attorney general or a prosecuting attorney to bring a
13-25 criminal proceeding.
13-26 Sec. 2R. REPORTS AND RECOMMENDATIONS. (a) The commission
13-27 shall prepare a report of its activities and shall file the report
14-1 with the presiding officer of each house of the legislature, the
14-2 governor, and the Legislative Budget Board. The commission shall
14-3 file the report before January 1 of each year.
14-4 (b) The commission shall file annually with the governor and
14-5 the presiding officer of each house of the legislature a complete
14-6 and detailed written report accounting for all funds received and
14-7 disbursed during the preceding fiscal year by the commission.
14-8 Sec. 2S. COOPERATION. The commission shall cooperate with
14-9 the Texas Gaming Commission.
14-10 SECTION 3.03. Section 2B, Bingo Enabling Act (Article 179d,
14-11 Vernon's Texas Civil Statutes), is redesignated as Section 3 to
14-12 read as follows:
14-13 Sec. 3 [2B]. BINGO RENTAL TAX IMPOSED. (a) There is
14-14 imposed a tax on the rental of premises for the conduct of bingo
14-15 games under this Act.
14-16 (b) The rate of tax imposed by this section is three percent
14-17 of the gross rentals received by a licensed authorized commercial
14-18 lessor or licensee for the rental of premises on which bingo is
14-19 conducted.
14-20 (c) The tax imposed by this section is due and payable as
14-21 provided by Section 20 of this Act and is payable to the
14-22 commission.
14-23 (d) The revenue collected from the tax shall be deposited to
14-24 the credit of the general revenue fund.
14-25 SECTION 3.04. Section 16(a), Bingo Enabling Act (Article
14-26 179d, Vernon's Texas Civil Statutes), is amended to read as
14-27 follows:
15-1 (a) The commission shall administer this Act. The
15-2 commission has broad authority and shall exercise strict control
15-3 and close supervision over all games of bingo conducted in this
15-4 state to the end that the games are fairly conducted and the
15-5 proceeds derived from the games are used for the purposes
15-6 authorized in this Act. The commission's authority under this Act
15-7 is executed through an executive director [a division established
15-8 by the administrator of the commission to administer this Act].
15-9 The executive director [administrator] shall employ a director of
15-10 bingo operations to administer the bingo division under the
15-11 direction of the commission and executive director [administrator].
15-12 The commission may adopt rules for the enforcement and
15-13 administration of this Act.
15-14 SECTION 3.05. (a) The Texas Bingo Commission, composed as
15-15 provided by the Bingo Enabling Act (Article 179d, Vernon's Texas
15-16 Civil Statutes), as amended by this Act, is created. The governor
15-17 shall appoint the commissioner in accordance with the amended Bingo
15-18 Enabling Act as soon as possible after the effective date of this
15-19 Act.
15-20 (b) As soon as possible after the effective date of this
15-21 Act, and after the time that the governor makes the appointment
15-22 under Subsection (a) of this section, the Texas bingo commissioner
15-23 shall employ the executive director of the Texas Bingo Commission
15-24 in accordance with the Bingo Enabling Act (Article 179d, Vernon's
15-25 Texas Civil Statutes), as amended by this Act.
15-26 (c) The governor or the Texas bingo commissioner may
15-27 designate a person to perform the ministerial duties necessary for
16-1 posting notice of and holding the first meeting of the Texas Bingo
16-2 Commission created by this Act.
16-3 (d) The rules, policies, procedures, and decisions of the
16-4 Texas Lottery Commission relating to bingo are continued in effect
16-5 as rules, policies, procedures, and decisions of the Texas Bingo
16-6 Commission created by this Act until superseded by a rule or other
16-7 appropriate action of the Texas Bingo Commission.
16-8 (e) The validity of a rule, form, or procedure adopted,
16-9 contract or acquisition made, proceeding begun, obligation
16-10 incurred, right accrued, or other action taken by or in connection
16-11 with bingo matters and under the authority of the Texas Lottery
16-12 Commission is not affected by this Act.
16-13 (f) An action or proceeding regarding bingo before the Texas
16-14 Lottery Commission or to which the Texas Lottery Commission is a
16-15 party is transferred without change in status to the Texas Bingo
16-16 Commission.
16-17 (g) The Texas Bingo Commission has all the property, funds,
16-18 rules, employees, unspent appropriations, documents, rights, and
16-19 obligations related to the bingo division of the Texas Lottery
16-20 Commission as provided by a memorandum of understanding agreed to
16-21 by the Texas Lottery Commission and the Texas Bingo Commission.
16-22 Until the memorandum of understanding has been approved by the
16-23 Texas Lottery Commission and the Texas Bingo Commission, the Texas
16-24 Lottery Commission shall continue to regulate bingo in this state
16-25 as provided by the law in effect before the effective date of this
16-26 Act, and that law is continued in effect for that purpose.
17-1 ARTICLE 4. CONFORMING AMENDMENTS
17-2 SECTION 4.01. Sections 572.003(b) and (c), Government Code,
17-3 are amended to read as follows:
17-4 (b) The term means:
17-5 (1) the Banking Commissioner of the Texas Department
17-6 of [The] Banking [Department of Texas];
17-7 (2) the fire fighters' pension commissioner;
17-8 (3) the administrative director of the Office of Court
17-9 Administration of the Texas Judicial System;
17-10 (4) the chief executive of the Office of Public
17-11 Utility Counsel;
17-12 (5) the executive director of the State Bar of Texas;
17-13 (6) the director of the lottery division of the Texas
17-14 Lottery Commission;
17-15 (7) the deputy in charge of the department of security
17-16 in the lottery division of the Texas Lottery Commission;
17-17 (8) the executive director of the [bingo division of
17-18 the] Texas Bingo [Lottery] Commission; or
17-19 (9) the secretary of state.
17-20 (c) The term means a member of:
17-21 (1) the Public Utility Commission of Texas;
17-22 (2) the Texas Department of Commerce;
17-23 (3) the Texas Natural Resource Conservation
17-24 Commission;
17-25 (4) the Texas Alcoholic Beverage Commission;
17-26 (5) The Finance Commission of Texas;
17-27 (6) the General Services Commission;
18-1 (7) the Texas Board of Criminal Justice;
18-2 (8) the board of trustees of the Employees Retirement
18-3 System of Texas;
18-4 (9) the Texas Transportation Commission;
18-5 (10) the Texas Workers' Compensation Commission;
18-6 (11) the State Board of Insurance;
18-7 (12) the Parks and Wildlife Commission;
18-8 (13) the Public Safety Commission;
18-9 (14) the Texas Ethics Commission;
18-10 (15) the State Securities Board;
18-11 (16) the Texas Water Development Board;
18-12 (17) the governing board of a public senior college or
18-13 university as defined by Section 61.003, Education Code, or of The
18-14 University of Texas Southwestern Medical Center at Dallas, The
18-15 University of Texas Medical Branch at Galveston, The University of
18-16 Texas Health Science Center at Houston, The University of Texas
18-17 Health Science Center at San Antonio, The University of Texas
18-18 System Cancer Center, The University of Texas Health Science Center
18-19 at Tyler, University of North Texas Health Science Center at Fort
18-20 Worth, Texas Tech University Health Sciences Center, Texas State
18-21 Technical College--Amarillo, Texas State Technical
18-22 College--Harlingen, Texas State Technical College--Sweetwater, or
18-23 Texas State Technical College--Waco;
18-24 (18) the Texas Higher Education Coordinating Board;
18-25 (19) the Texas Workforce [Employment] Commission;
18-26 (20) the State Banking Board;
18-27 (21) the board of trustees of the Teacher Retirement
19-1 System of Texas;
19-2 (22) the Credit Union Commission;
19-3 (23) the School Land Board;
19-4 (24) the board of the Texas Department of Housing and
19-5 Community Affairs;
19-6 (25) the Texas Racing Commission;
19-7 (26) the State Board of Dental Examiners;
19-8 (27) the Texas Board of [Licensure for] Nursing
19-9 Facility [Home] Administrators;
19-10 (28) the Texas State Board of Medical Examiners;
19-11 (29) the Board of Pardons and Paroles;
19-12 (30) the Texas State Board of Pharmacy;
19-13 (31) the Department of Information Resources governing
19-14 board;
19-15 (32) the Motor Vehicle Board;
19-16 (33) the Texas Real Estate Commission;
19-17 (34) the board of directors of the State Bar of Texas;
19-18 (35) the bond review board;
19-19 (36) the Texas Board of Health;
19-20 (37) the Texas Board of Mental Health and Mental
19-21 Retardation;
19-22 (38) the Texas Board on Aging;
19-23 (39) the Texas Board of Human Services;
19-24 (40) the Texas Funeral Service Commission;
19-25 (41) the board of directors of a river authority
19-26 created under the Texas Constitution or a statute of this state;
19-27 [or]
20-1 (42) the Texas Lottery Commission; or
20-2 (43) the Texas Bingo Commission.
20-3 SECTION 4.02. Article 2.12, Code of Criminal Procedure, as
20-4 amended by Chapters 621 and 729, Acts of the 74th Legislature,
20-5 1995, is amended to read as follows:
20-6 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
20-7 officers:
20-8 (1) sheriffs and their deputies;
20-9 (2) constables and deputy constables;
20-10 (3) marshals or police officers of an incorporated
20-11 city, town, or village;
20-12 (4) rangers and officers commissioned by the Public
20-13 Safety Commission and the Director of the Department of Public
20-14 Safety;
20-15 (5) investigators of the district attorneys', criminal
20-16 district attorneys', and county attorneys' offices;
20-17 (6) law enforcement agents of the Texas Alcoholic
20-18 Beverage Commission;
20-19 (7) each member of an arson investigating unit
20-20 commissioned by a city, a county, or the state;
20-21 (8) officers commissioned under Section 37.081,
20-22 Education Code, or Subchapter E, Chapter 51, Education Code;
20-23 (9) officers commissioned by the General Services
20-24 Commission;
20-25 (10) law enforcement officers commissioned by the
20-26 Parks and Wildlife Commission;
20-27 (11) airport police officers commissioned by a city
21-1 with a population of more than one million, according to the most
21-2 recent federal census, that operates an airport that serves
21-3 commercial air carriers;
21-4 (12) airport security personnel commissioned as peace
21-5 officers by the governing body of any political subdivision of this
21-6 state, other than a city described by Subdivision (11), that
21-7 operates an airport that serves commercial air carriers;
21-8 (13) municipal park and recreational patrolmen and
21-9 security officers;
21-10 (14) security officers commissioned as peace officers
21-11 by the State Treasurer;
21-12 (15) officers commissioned by a water control and
21-13 improvement district under Section 51.132, Water Code;
21-14 (16) officers commissioned by a board of trustees
21-15 under Chapter 341, Acts of the 57th Legislature, Regular Session,
21-16 1961 (Article 1187f, Vernon's Texas Civil Statutes);
21-17 (17) investigators commissioned by the Texas State
21-18 Board of Medical Examiners;
21-19 (18) officers commissioned by the board of managers of
21-20 the Dallas County Hospital District, the Tarrant County Hospital
21-21 District, or the Bexar County Hospital District under Section
21-22 281.057, Health and Safety Code;
21-23 (19) county park rangers commissioned under Subchapter
21-24 E, Chapter 351, Local Government Code;
21-25 (20) investigators employed by the Texas Racing
21-26 Commission;
21-27 (21) officers commissioned by the State Board of
22-1 Pharmacy;
22-2 (22) officers commissioned by the governing body of a
22-3 metropolitan rapid transit authority under Section 451.108,
22-4 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
22-5 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
22-6 Statutes)], or by a regional transportation authority under Section
22-7 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
22-8 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
22-9 Civil Statutes)];
22-10 (23) investigators employed by the Texas Bingo
22-11 Commission [officers commissioned under the Texas High-Speed Rail
22-12 Act (Article 6674v.2, Revised Statutes)];
22-13 (24) investigators commissioned by the attorney
22-14 general under Section 402.009, Government Code;
22-15 (25) security officers and investigators commissioned
22-16 as peace officers under Chapter 466, Government Code;
22-17 (26) an officer employed by the Texas Department of
22-18 Health under Section 431.2471, Health and Safety Code;
22-19 (27) officers appointed by an appellate court under
22-20 Subchapter F, Chapter 53, Government Code;
22-21 (28) officers commissioned by the state fire marshal
22-22 under Chapter 417, Government Code; [and]
22-23 (29) an investigator commissioned by the commissioner
22-24 of insurance under Article 1.10D, Insurance Code; and[.]
22-25 (30) [(29)] apprehension specialists commissioned by
22-26 the Texas Youth Commission as officers under Section 61.0931, Human
22-27 Resources Code.
23-1 ARTICLE 5. EFFECTIVE DATE; EMERGENCY
23-2 SECTION 5.01. This Act takes effect September 1, 1997.
23-3 SECTION 5.02. The importance of this legislation and the
23-4 crowded condition of the calendars in both houses create an
23-5 emergency and an imperative public necessity that the
23-6 constitutional rule requiring bills to be read on three several
23-7 days in each house be suspended, and this rule is hereby suspended.