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


Office of House Bill AnalysisH.B. 1112
By: Ellis, Dan
Corrections
3/19/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law, only the director of the institutional division of the
Texas Department of Criminal Justice (TDCJ) and the director's designees
can authorize institutional division employees to transport inmates and to
apprehend escapees.  This is true even though an employee from another
division may be 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 is 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.  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.

EXPLANATION OF AMENDMENTS

Amendment #1

Amends proposed H.B. 1112 on page 1, lines 17 and 18, to delete language
providing that an employee authorized by the executive director of the
Texas Department of Criminal Justice to exercise the same powers and duties
of a peace officer may do so only during duty hours.