HBA-MPM, ALS H.B. 1112 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1112
By: Ellis, Dan
Corrections
8/17/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, only the director of the institutional
division of the Texas Department of Criminal Justice (TDCJ) and the
director's designees could authorize institutional division employees to
transport inmates and to apprehend escapees.  This was true even though an
employee from another division may have been pursuing or expected to pursue
an escaped inmate.  The purpose of this bill is to grant TDCJ employees the
power to transport offenders and pursue escapees, regardless of their
division.  In addition, there was no current statutory provision naming as
peace officers those officers appointed by the executive director of TDCJ.

H.B. 1112 allows the executive director of TDCJ or a designee of the
executive director to authorize TDCJ employees to transport offenders, and
to apprehend escapees from any division of the department.  H.B. 1112 also
names officers who are appointed by the executive director as peace
officers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

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

Sec. 494.008. New title: 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 to
transport offenders, rather than inmates, and to apprehend escapees from
any division of the TDCJ.  Removes the stipulation that an employee
authorized by the executive director of TDCJ exercise the same powers and
duties of a peace officer 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 (Enforcement Officers), 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.