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.