SRC-PNG H.B. 1112 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1112
By: Ellis, Dan (Ogden)
Criminal Justice
5/3/1999
Engrossed


DIGEST 

Currently, under Texas law, only the director of the institutional division
of the Texas Department of Criminal Justice (TDCJ) and the director's
designees may authorize institutional division employees to transport
inmates and to apprehend escapees, even if an employee from another
division is pursuing or expected to pursue an escaped inmate.  This bill
would authorize the executive director of TDCJ or a designee of the
executive director to authorize TDCJ employees from any division of the
department to transport offenders, and apprehend escapees, and establishes
that officers who are appointed by the executive director are peace
officers. 

PURPOSE

As proposed, H.B. 1112 authorizes the executive director of the Texas
Department of Criminal Justice (TDCJ) or a designee of the executive
director to authorize TDCJ employees from any division of the department to
transport offenders, and apprehend escapees, and establishes that officers
who are appointed by the executive director are peace officers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 494.008, Government Code, as follows:

Sec.  494.008.  New heading: DEPARTMENT EMPLOYEES: LIMITED LAW ENFORCEMENT
POWERS.  Authorizes the executive director of the Texas Department of
Criminal Justice (TDCJ) or the executive director's designee, rather than
the director of the institutional division, to authorize TDCJ employees
from any division of TDCJ to transport offenders, rather than inmates, and
to apprehend escapees.  Deletes text authorizing an employee to perform
duties, but only during duty hours. Makes conforming changes. 

SECTION 2. Amends Article 2.12, Code of Criminal Procedure, to include
officers who are appointed by the executive director of TDCJ under Section
493.019, Government Code, among the list of persons who are considered
peace officers. 

SECTION 3. Repealer: Section 507.021, Government Code (Employees: Limited
Law Enforcement Powers). 

SECTION 4. Emergency clause.
  Effective date: upon passage.