79R4919 RMB-D

By:  Miller                                                       H.B. No. 947



A BILL TO BE ENTITLED

AN ACT

relating to including certain bailiffs in the definition of peace 
officer.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 2.12, Code of Criminal Procedure, as 
amended by Chapters 235, 474, and 930, Acts of the 78th Legislature, 
Regular Session, 2003, is reenacted and amended to read as follows:
	Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace 
officers:       
		(1)  sheriffs, their deputies, and those reserve 
deputies who hold a permanent peace officer license issued under 
Chapter 1701, Occupations Code;
		(2)  constables, deputy constables, and those reserve 
deputy constables who hold a permanent peace officer license issued 
under Chapter 1701, Occupations Code;
		(3)  marshals or police officers of an incorporated 
city, town, or village, and those reserve municipal police officers 
who hold a permanent peace officer license issued under Chapter 
1701, Occupations Code;
		(4)  rangers and officers commissioned by the Public 
Safety Commission and the Director of the Department of Public 
Safety;
		(5)  investigators of the district attorneys', criminal 
district attorneys', and county attorneys' offices;
		(6)  law enforcement agents of the Texas Alcoholic 
Beverage Commission;     
		(7)  each member of an arson investigating unit 
commissioned by a city, a county, or the state;
		(8)  officers commissioned under Section 37.081, 
Education Code, or Subchapter E, Chapter 51, Education Code;
		(9)  officers commissioned by the General Services 
Commission;              
		(10)  law enforcement officers commissioned by the 
Parks and Wildlife Commission;
		(11)  airport police officers commissioned by a city 
with a population of more than 1.18 million that operates an airport 
that serves commercial air carriers;
		(12)  airport security personnel commissioned as peace 
officers by the governing body of any political subdivision of this 
state, other than a city described by Subdivision (11), that 
operates an airport that serves commercial air carriers;
		(13)  municipal park and recreational patrolmen and 
security officers;      
		(14)  security officers and investigators commissioned 
as peace officers by the comptroller;
		(15)  officers commissioned by a water control and 
improvement district under Section 49.216, Water Code;
		(16)  officers commissioned by a board of trustees 
under Chapter 54, Transportation Code;
		(17)  investigators commissioned by the Texas State 
Board of Medical Examiners;
		(18)  officers commissioned by the board of managers of 
the Dallas County Hospital District, the Tarrant County Hospital 
District, or the Bexar County Hospital District under Section 
281.057, Health and Safety Code;
		(19)  county park rangers commissioned under 
Subchapter E, Chapter 351, Local Government Code;
		(20)  investigators employed by the Texas Racing 
Commission;                
		(21)  officers commissioned under Chapter 554, 
Occupations Code;            
		(22)  officers commissioned by the governing body of a 
metropolitan rapid transit authority under Section 451.108, 
Transportation Code, or by a regional transportation authority 
under Section 452.110, Transportation Code;
		(23)  investigators commissioned by the attorney 
general under Section 402.009, Government Code;
		(24)  security officers and investigators commissioned 
as peace officers under Chapter 466, Government Code;
		(25)  an officer employed by the Texas Department of 
Health under Section 431.2471, Health and Safety Code;
		(26)  officers appointed by an appellate court under 
Subchapter F, Chapter 53, Government Code;
		(27)  officers commissioned by the state fire marshal 
under Chapter 417, Government Code;
		(28)  an investigator commissioned by the commissioner 
of insurance under Article 1.10D, Insurance Code;
		(29)  apprehension specialists commissioned by the 
Texas Youth Commission as officers under Section 61.0931, Human 
Resources Code;
		(30)  officers appointed by the executive director of 
the Texas Department of Criminal Justice under Section 493.019, 
Government Code;
		(31)  investigators commissioned by the Commission on 
Law Enforcement Officer Standards and Education under Section 
1701.160, Occupations Code;
		(32)  commission investigators commissioned by the 
Texas Commission on Private Security under Section 1702.061(f), 
Occupations Code;
		(33)  the fire marshal[,] and any officers, inspectors, 
or investigators commissioned by an emergency services district [to 
assist that fire marshal,] under [Subchapter F,] Chapter 775, 
Health and Safety Code; [and]
		(34)  officers commissioned by the State Board of 
Dental Examiners under Section 254.013, Occupations Code, subject 
to the limitations imposed by that section; and
		(35)  a bailiff serving a grand jury or district court 
under Article 19.36 or 36.24 of this code; Section 201.008, Family 
Code; or Chapter 24, 53, or 62, Government Code.
	SECTION 2.  Section 53.0071, Government Code, is amended to 
read as follows: 
	Sec. 53.0071.  BAILIFF AS PEACE OFFICER.  A [Unless the 
appointing judge provides otherwise in the order of appointment, a] 
bailiff appointed under this chapter [Section 53.001(b) or (g) or 
53.002(c), (e), or (f)] is a "peace officer" for purposes of Article 
2.12, Code of Criminal Procedure.
	SECTION 3.  This Act takes effect September 1, 2005.