SRC-TJG H.B. 875 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 875
By: Menendez (Whitmire)
Criminal Justice
5/18/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, the Texas State Board of Dental Examiners does not have
the authority to license its investigators as peace officers.  This
interferes with its ability to enforce the Dental Practices Act because an
investigator who discovers a violation lacks the authority to take
immediate action.  As a result, reports of incidents must often be passed
along to another law enforcement agency before corrective action may be
taken.  In addition to delaying enforcement, this situation requires the
resources of other law enforcement agencies.  H.B. 875 addresses this
situation by allowing the Texas State Board of Dental Examiners to license
certain employees as peace officers. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 2.12, Code of Criminal Procedure, to add
officers commissioned by the State Board of Dental Examiners (SBDE) under
Section 254.013, Occupations Code, subject to the limitations imposed by
that section, to the list of individuals considered to be peace officers. 

SECTION 2.  Amends Chapter 254, Occupations Code, by adding Section
254.013, as follows: 

Sec. 254.013.  PEACE OFFICERS.  (a) Authorizes SBDE to commission as a
peace officer to enforce this subtitle an employee who has been certified
as qualified to be a peace officer by the Commission on Law Enforcement
Officer Standards and Education. 

(b) Provides that an employee commissioned as a peace officer under this
subtitle has the powers, privileges, and immunities of a peace officer
while carrying out duties as a peace officer under this subtitle. 

SECTION 3.  Effective date: upon passage or September 1, 2003.