C.S.H.B. 875 78(R)    BILL ANALYSIS


C.S.H.B. 875
By: Menendez
Law Enforcement
Committee Report (Substituted)



BACKGROUND 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.  C.S.H.B. 875 addresses this
situation by allowing the Texas State Board of Dental Examiners to license
its investigators as peace officers. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 875 amends Article 2.12, Code of Criminal Procedure, by adding
officers commissioned by the State Board of Dental Examiners to the list
of persons who are peace officers. 

C.S.H.B. 875 amends Chapter 254 of the Occupations Code by adding Section
254.013, which allows the State Board of Dental Examiners to commission as
a peace officer an employee who has been certified by the Commission on
Law Enforcement Officer Standards and Education.  This section provides
that a peace officer commissioned under this subtitle, while performing
the duties of a peace officer, has the powers, privileges, and immunities
of a peace officer. 
            
EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 875 modifies the original bill by deleting language that would
prohibit a peace officer licensed under this Act from carrying a firearm
or making arrests.  Under the substitute, a peace officer commissioned by
the State Board of Dental Examiners would have all the powers, privileges,
and immunities of a peace officer while carrying out his or her duties.