By Allen                                               H.B. No. 680
         76R3984 JMC-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the commissioning of peace officers by the commissioner
 1-3     of human services for purposes of fraud investigation and control.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 21.005, Human Resources Code, is amended
 1-6     by adding Subsection (d) to read as follows:
 1-7           (d)  The commissioner may commission as peace officers the
 1-8     number of special agents necessary to conduct fraud investigation
 1-9     and control.  A special agent may be commissioned as a peace
1-10     officer under this subsection only if:
1-11                 (1)  the agent is a full-time employee of the
1-12     department; and
1-13                 (2)  the agent's duties are duties that are required to
1-14     be performed by or with the assistance of a commissioned peace
1-15     officer.
1-16           SECTION 2.  Article 2.12, Code of Criminal Procedure,  is
1-17     amended to read as follows:
1-18           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
1-19     officers:
1-20                 (1)  sheriffs and their deputies;
1-21                 (2)  constables and deputy constables;
1-22                 (3)  marshals or police officers of an incorporated
1-23     city, town, or village;
1-24                 (4)  rangers and officers commissioned by the Public
 2-1     Safety Commission and the Director of the Department of Public
 2-2     Safety;
 2-3                 (5)  investigators of the district attorneys', criminal
 2-4     district attorneys', and county attorneys' offices;
 2-5                 (6)  law enforcement agents of the Texas Alcoholic
 2-6     Beverage Commission;
 2-7                 (7)  each member of an arson investigating unit
 2-8     commissioned by a city, a county, or the state;
 2-9                 (8)  officers commissioned under Section 37.081,
2-10     Education Code, or Subchapter E, Chapter 51, Education Code;
2-11                 (9)  officers commissioned by the General Services
2-12     Commission;
2-13                 (10)  law enforcement officers commissioned by the
2-14     Parks and Wildlife Commission;
2-15                 (11)  airport police officers commissioned by a city
2-16     with a population of more than one million, according to the most
2-17     recent federal census, that operates an airport that serves
2-18     commercial air carriers;
2-19                 (12)  airport security personnel commissioned as peace
2-20     officers by the governing body of any political subdivision of this
2-21     state, other than a city described by Subdivision (11), that
2-22     operates an airport that serves commercial air carriers;
2-23                 (13)  municipal park and recreational patrolmen and
2-24     security officers;
2-25                 (14)  security officers commissioned as peace officers
2-26     by the comptroller;
2-27                 (15)  officers commissioned by a water control and
 3-1     improvement district under Section 49.216, Water Code;
 3-2                 (16)  officers commissioned by a board of trustees
 3-3     under Chapter 341, Acts of the 57th Legislature, Regular Session,
 3-4     1961 (Article 1187f, Vernon's Texas Civil Statutes);
 3-5                 (17)  investigators commissioned by the Texas State
 3-6     Board of Medical Examiners;
 3-7                 (18)  officers commissioned by the board of managers of
 3-8     the Dallas County Hospital District, the Tarrant County Hospital
 3-9     District, or the Bexar County Hospital District under Section
3-10     281.057, Health and Safety Code;
3-11                 (19)  county park rangers commissioned under Subchapter
3-12     E, Chapter 351, Local Government Code;
3-13                 (20)  investigators employed by the Texas Racing
3-14     Commission;
3-15                 (21)  officers commissioned by the State Board of
3-16     Pharmacy;
3-17                 (22)  officers commissioned by the governing body of a
3-18     metropolitan rapid transit authority under Section 451.108,
3-19     Transportation Code, or by a regional transportation authority
3-20     under Section 452.110, Transportation Code;
3-21                 (23)  investigators commissioned by the attorney
3-22     general under Section 402.009, Government Code;
3-23                 (24)  security officers and investigators commissioned
3-24     as peace officers under Chapter 466, Government Code;
3-25                 (25)  an officer employed by the Texas Department of
3-26     Health under Section 431.2471, Health and Safety Code;
3-27                 (26)  officers appointed by an appellate court under
 4-1     Subchapter F, Chapter 53, Government Code;
 4-2                 (27)  officers commissioned by the state fire marshal
 4-3     under Chapter 417, Government Code;
 4-4                 (28)  an investigator commissioned by the commissioner
 4-5     of insurance under Article 1.10D, Insurance Code;  [and]
 4-6                 (29)  apprehension specialists commissioned by the
 4-7     Texas Youth Commission as officers under Section 61.0931, Human
 4-8     Resources Code; and
 4-9                 (30)  a special agent commissioned by the commissioner
4-10     of human services under Section 21.005, Human Resources Code.
4-11           SECTION 3.  This Act takes effect September 1, 1999.
4-12           SECTION 4.  The importance of this legislation and the
4-13     crowded condition of the calendars in both houses create an
4-14     emergency and an imperative public necessity that the
4-15     constitutional rule requiring bills to be read on three several
4-16     days in each house be suspended, and this rule is hereby suspended.