1-1                                   AN ACT
 1-2     relating to law enforcement personnel of the Texas Department of
 1-3     Criminal Justice.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 494.008, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 494.008.  DEPARTMENT EMPLOYEES:  LIMITED LAW ENFORCEMENT
 1-8     POWERS.  (a)  The executive director [of the institutional
 1-9     division] or the executive director's designee may authorize
1-10     employees of the department [institutional division] to transport
1-11     offenders [inmates] and to apprehend escapees from any division of
1-12     the department.  An employee acting under authority granted by the
1-13     executive director has the same powers and duties as a peace
1-14     officer under the laws of this state, except that the employee may
1-15     not act without receiving express orders from the executive
1-16     director or the executive director's designee, and may exercise
1-17     those powers and perform those duties throughout the state [but
1-18     only during duty hours].
1-19           (b)  The department [institutional division] may allow
1-20     employees who are granted law enforcement authority under this
1-21     section to assist peace officers in any county of the state if the
1-22     assistance is requested for the purpose of apprehending an escapee
1-23     of a municipal or county jail and if the department [division]
1-24     determines that the assistance will not jeopardize the safety and
 2-1     security of the department [division] and its personnel.  An
 2-2     employee who assists a peace officer in the performance of the
 2-3     officer's duties has the same powers and duties as the officer
 2-4     requesting assistance.
 2-5           (c)  An employee of the department [institutional division]
 2-6     may not enforce the laws of this state relating to the prevention
 2-7     of misdemeanors and the detention of persons who commit
 2-8     misdemeanors, including laws regulating traffic and the use of
 2-9     state highways.
2-10           (d)  An employee described by Subsection (a)  may not be
2-11     considered a peace officer for any purposes other than those
2-12     specified under this section and is not required to be certified by
2-13     the Commission on Law Enforcement Officer Standards and Education.
2-14           SECTION 2.  Article 2.12, Code of Criminal Procedure, is
2-15     amended to read as follows:
2-16           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
2-17     officers:
2-18                 (1)  sheriffs and their deputies;
2-19                 (2)  constables and deputy constables;
2-20                 (3)  marshals or police officers of an incorporated
2-21     city, town, or village;
2-22                 (4)  rangers and officers commissioned by the Public
2-23     Safety Commission and the Director of the Department of Public
2-24     Safety;
2-25                 (5)  investigators of the district attorneys', criminal
2-26     district attorneys', and county attorneys' offices;
2-27                 (6)  law enforcement agents of the Texas Alcoholic
 3-1     Beverage Commission;
 3-2                 (7)  each member of an arson investigating unit
 3-3     commissioned by a city, a county, or the state;
 3-4                 (8)  officers commissioned under Section 37.081,
 3-5     Education Code, or Subchapter E, Chapter 51, Education Code;
 3-6                 (9)  officers commissioned by the General Services
 3-7     Commission;
 3-8                 (10)  law enforcement officers commissioned by the
 3-9     Parks and Wildlife Commission;
3-10                 (11)  airport police officers commissioned by a city
3-11     with a population of more than one million, according to the most
3-12     recent federal census, that operates an airport that serves
3-13     commercial air carriers;
3-14                 (12)  airport security personnel commissioned as peace
3-15     officers by the governing body of any political subdivision of this
3-16     state, other than a city described by Subdivision (11), that
3-17     operates an airport that serves commercial air carriers;
3-18                 (13)  municipal park and recreational patrolmen and
3-19     security officers;
3-20                 (14)  security officers commissioned as peace officers
3-21     by the comptroller;
3-22                 (15)  officers commissioned by a water control and
3-23     improvement district under Section 49.216, Water Code;
3-24                 (16)  officers commissioned by a board of trustees
3-25     under Chapter 341, Acts of the 57th Legislature, Regular Session,
3-26     1961 (Article 1187f, Vernon's Texas Civil Statutes);
3-27                 (17)  investigators commissioned by the Texas State
 4-1     Board of Medical Examiners;
 4-2                 (18)  officers commissioned by the board of managers of
 4-3     the Dallas County Hospital District, the Tarrant County Hospital
 4-4     District, or the Bexar County Hospital District under Section
 4-5     281.057, Health and Safety Code;
 4-6                 (19)  county park rangers commissioned under Subchapter
 4-7     E, Chapter 351, Local Government Code;
 4-8                 (20)  investigators employed by the Texas Racing
 4-9     Commission;
4-10                 (21)  officers commissioned by the State Board of
4-11     Pharmacy;
4-12                 (22)  officers commissioned by the governing body of a
4-13     metropolitan rapid transit authority under Section 451.108,
4-14     Transportation Code, or by a regional transportation authority
4-15     under Section 452.110, Transportation Code;
4-16                 (23)  investigators commissioned by the attorney
4-17     general under Section 402.009, Government Code;
4-18                 (24)  security officers and investigators commissioned
4-19     as peace officers under Chapter 466, Government Code;
4-20                 (25)  an officer employed by the Texas Department of
4-21     Health under Section 431.2471, Health and Safety Code;
4-22                 (26)  officers appointed by an appellate court under
4-23     Subchapter F, Chapter 53, Government Code;
4-24                 (27)  officers commissioned by the state fire marshal
4-25     under Chapter 417, Government Code;
4-26                 (28)  an investigator commissioned by the commissioner
4-27     of insurance under Article 1.10D, Insurance Code;  [and]
 5-1                 (29)  apprehension specialists commissioned by the
 5-2     Texas Youth Commission as officers under Section 61.0931, Human
 5-3     Resources Code; and
 5-4                 (30)  officers appointed by the executive director of
 5-5     the Texas Department of Criminal  Justice under Section 493.019,
 5-6     Government Code.
 5-7           SECTION 3.  Section 507.021, Government Code, is repealed.
 5-8           SECTION 4.  The importance of this legislation and the
 5-9     crowded condition of the calendars in both houses create an
5-10     emergency and an imperative public necessity that the
5-11     constitutional rule requiring bills to be read on three several
5-12     days in each house be suspended, and this rule is hereby suspended,
5-13     and that this Act take effect and be in force from and after its
5-14     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1112 was passed by the House on April
         22, 1999, by the following vote:  Yeas 143, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1112 was passed by the Senate on May
         17, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor