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79R4351 SMH-D
By: Chavez H.B. No. 1563
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program by the Texas Commission
on Environmental Quality for the inspection of land vehicles
transporting hazardous waste from Mexico into this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0234 to read as follows:
Sec. 361.0234. INSPECTION OF LAND VEHICLES TRANSPORTING
HAZARDOUS WASTE FROM MEXICO. (a) The commission shall establish a
program for inspecting land vehicles transporting hazardous waste
from the United Mexican States into this state for treatment,
storage, or disposal in this state for the purposes of:
(1) monitoring the transportation of hazardous waste
into this state from the United Mexican States; and
(2) enforcing the laws of this state governing
transportation, treatment, storage, and disposal of the waste.
(b) Inspections of motor vehicles under this section must be
conducted at the inspection stations established by the Texas
Department of Transportation under Section 201.613, Transportation
Code.
(c) The commission shall establish and maintain inspection
stations at appropriate locations at or near railroad crossings
from the United Mexican States into this state for the purpose of
inspecting trains under this section.
(d) The commission may enter into agreements with federal,
state, and municipal agencies to accomplish the purposes of this
section.
(e) The commission may employ inspectors as the commission
considers necessary to implement this section and may commission
one or more of those inspectors as peace officers. A person
employed as a peace officer under this subsection has the powers,
privileges, and immunities of a peace officer while performing the
person's duties under this section.
SECTION 2. 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) inspectors commissioned by the Texas Commission
on Environmental Quality under Section 361.0234, Health and Safety
Code.
SECTION 3. This Act takes effect September 1, 2005.