1-1     By:  Ellis, et al. (Senate Sponsor - Ogden)           H.B. No. 1112
 1-2           (In the Senate - Received from the House April 23, 1999;
 1-3     April 26, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 1999, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 10, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to law enforcement personnel of the Texas Department of
 1-9     Criminal Justice.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 494.008, Government Code, is amended to
1-12     read as follows:
1-13           Sec. 494.008.  DEPARTMENT EMPLOYEES:  LIMITED LAW ENFORCEMENT
1-14     POWERS.  (a)  The executive director [of the institutional
1-15     division] or the executive director's designee may authorize
1-16     employees of the department [institutional division] to transport
1-17     offenders [inmates] and to apprehend escapees from any division of
1-18     the department.  An employee acting under authority granted by the
1-19     executive director has the same powers and duties as a peace
1-20     officer under the laws of this state, except that the employee may
1-21     not act without receiving express orders from the executive
1-22     director or the executive director's designee, and may exercise
1-23     those powers and perform those duties throughout the state [but
1-24     only during duty hours].
1-25           (b)  The department [institutional division] may allow
1-26     employees who are granted law enforcement authority under this
1-27     section to assist peace officers in any county of the state if the
1-28     assistance is requested for the purpose of apprehending an escapee
1-29     of a municipal or county jail and if the department [division]
1-30     determines that the assistance will not jeopardize the safety and
1-31     security of the department [division] and its personnel.  An
1-32     employee who assists a peace officer in the performance of the
1-33     officer's duties has the same powers and duties as the officer
1-34     requesting assistance.
1-35           (c)  An employee of the department [institutional division]
1-36     may not enforce the laws of this state relating to the prevention
1-37     of misdemeanors and the detention of persons who commit
1-38     misdemeanors, including laws regulating traffic and the use of
1-39     state highways.
1-40           (d)  An employee described by Subsection (a)  may not be
1-41     considered a peace officer for any purposes other than those
1-42     specified under this section and is not required to be certified by
1-43     the Commission on Law Enforcement Officer Standards and Education.
1-44           SECTION 2.  Article 2.12, Code of Criminal Procedure, is
1-45     amended to read as follows:
1-46           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
1-47     officers:
1-48                 (1)  sheriffs and their deputies;
1-49                 (2)  constables and deputy constables;
1-50                 (3)  marshals or police officers of an incorporated
1-51     city, town, or village;
1-52                 (4)  rangers and officers commissioned by the Public
1-53     Safety Commission and the Director of the Department of Public
1-54     Safety;
1-55                 (5)  investigators of the district attorneys', criminal
1-56     district attorneys', and county attorneys' offices;
1-57                 (6)  law enforcement agents of the Texas Alcoholic
1-58     Beverage Commission;
1-59                 (7)  each member of an arson investigating unit
1-60     commissioned by a city, a county, or the state;
1-61                 (8)  officers commissioned under Section 37.081,
1-62     Education Code, or Subchapter E, Chapter 51, Education Code;
1-63                 (9)  officers commissioned by the General Services
1-64     Commission;
 2-1                 (10)  law enforcement officers commissioned by the
 2-2     Parks and Wildlife Commission;
 2-3                 (11)  airport police officers commissioned by a city
 2-4     with a population of more than one million, according to the most
 2-5     recent federal census, that operates an airport that serves
 2-6     commercial air carriers;
 2-7                 (12)  airport security personnel commissioned as peace
 2-8     officers by the governing body of any political subdivision of this
 2-9     state, other than a city described by Subdivision (11), that
2-10     operates an airport that serves commercial air carriers;
2-11                 (13)  municipal park and recreational patrolmen and
2-12     security officers;
2-13                 (14)  security officers commissioned as peace officers
2-14     by the comptroller;
2-15                 (15)  officers commissioned by a water control and
2-16     improvement district under Section 49.216, Water Code;
2-17                 (16)  officers commissioned by a board of trustees
2-18     under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-19     1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-20                 (17)  investigators commissioned by the Texas State
2-21     Board of Medical Examiners;
2-22                 (18)  officers commissioned by the board of managers of
2-23     the Dallas County Hospital District, the Tarrant County Hospital
2-24     District, or the Bexar County Hospital District under Section
2-25     281.057, Health and Safety Code;
2-26                 (19)  county park rangers commissioned under Subchapter
2-27     E, Chapter 351, Local Government Code;
2-28                 (20)  investigators employed by the Texas Racing
2-29     Commission;
2-30                 (21)  officers commissioned by the State Board of
2-31     Pharmacy;
2-32                 (22)  officers commissioned by the governing body of a
2-33     metropolitan rapid transit authority under Section 451.108,
2-34     Transportation Code, or by a regional transportation authority
2-35     under Section 452.110, Transportation Code;
2-36                 (23)  investigators commissioned by the attorney
2-37     general under Section 402.009, Government Code;
2-38                 (24)  security officers and investigators commissioned
2-39     as peace officers under Chapter 466, Government Code;
2-40                 (25)  an officer employed by the Texas Department of
2-41     Health under Section 431.2471, Health and Safety Code;
2-42                 (26)  officers appointed by an appellate court under
2-43     Subchapter F, Chapter 53, Government Code;
2-44                 (27)  officers commissioned by the state fire marshal
2-45     under Chapter 417, Government Code;
2-46                 (28)  an investigator commissioned by the commissioner
2-47     of insurance under Article 1.10D, Insurance Code;  [and]
2-48                 (29)  apprehension specialists commissioned by the
2-49     Texas Youth Commission as officers under Section 61.0931, Human
2-50     Resources Code; and
2-51                 (30)  officers appointed by the executive director of
2-52     the Texas Department of Criminal  Justice under Section 493.019,
2-53     Government Code.
2-54           SECTION 3.  Section 507.021, Government Code, is repealed.
2-55           SECTION 4.  The importance of this legislation and the
2-56     crowded condition of the calendars in both houses create an
2-57     emergency and an imperative public necessity that the
2-58     constitutional rule requiring bills to be read on three several
2-59     days in each house be suspended, and this rule is hereby suspended,
2-60     and that this Act take effect and be in force from and after its
2-61     passage, and it is so enacted.
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