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.
2-62 * * * * *