HBA-TYH H.B. 1121 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1121
By: Counts
Public Safety
5/25/1999
Enrolled



BACKGROUND AND PURPOSE 

Recently, the El Paso Court of Appeals dismissed a case involving drug
smuggling because the officer making the arrest was not included within the
definition of "law enforcement officer" in Section 362.001 (Definitions),
Local Government Code.  The arresting officer was an investigator for the
district attorney's (DA) office, assigned exclusively to the Permian Basin
Task Force.  The three investigators of the DA's office for the 259th
Judicial District are assigned in a similarly exclusive manner to the West
Central Texas Auto Theft Task Force, which covers a 20 county area.
Operating under the present definition of "law enforcement officer," these
investigators can only make arrests in two counties.  The investigators
will be more effective in fulfilling their assignments if they can make
arrests in all 20 counties.   

H.B. 1121 includes the investigator for the DA's office in the definition
of  "law enforcement officer" in Section 362.001(2), Local Government Code,
and includes the investigator of the DA's office in  Section 14.03(g)
(Authority of Peace Officers), Code of Criminal Procedure,.  This gives the
investigators in the DA's office the ability to complete the assigned tasks
from the arrest procedure to prosecution in the court system. 

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 362.001(2), Local Government Code to include
investigator of a district attorney's, criminal attorney's, or county
attorney's office in the definition of "law enforcement officer." 

SECTION 2.  Amends Article 14.03(g), Code of Criminal Procedure, to include
a peace officer, who is listed in Subdivision (5) (investigators of
district, criminal, or county attorney's offices), Article 2.12, and who
meets other specified requirements, in the list of peace officers
authorized to arrest without a warrant.  Provides for the exception that an
officer who is outside the officer's jurisdiction is authorized to arrest a
person for a violation of Subtitle C (Rules of the Road), Title 7,
Transportation Code, rather than Article 6701d (Uniform Act Regulating
Traffic on Highways), V.T.C.S., only if the officer is listed in
Subdivision (4) (rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety), Article
2.12. 

SECTION 3.Emergency Clause.
  Effective date: upon passage.