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Substitute the following for HCR 96:
WHEREAS, Article 2.12, Code of Criminal Procedure, delineates who are peace officers in the State of Texas; since its
enactment in 1967, the article has been amended 51 times and now
includes a list of 34 classes of individuals who have been
designated peace officers under the law; and
WHEREAS, Law enforcement authority for these peace officers
is derived from two sources: the Texas Constitution grants
permanent authority to sheriffs, constables, marshals, and police
officers, among others; alternatively, peace officers are
commissioned by a governmental entity or state agency to carry out a
specific law enforcement purpose under the limited purview of the
commissioning entity; and
WHEREAS, As a consequence of the manner in which these
commissioned peace officers are authorized under Article 2.12,
there are no statewide standards to provide for the oversight of a
commissioning entity, liability for a peace officer's action, or
management of geographic or functional overlaps in jurisdiction;
and
WHEREAS, To prevent any compromises to law enforcement
efforts that may arise from this lack of coordinated effort, it
would behoove the state to study the development of our peace
officer ranks and future additions to Article 2.12, Code of
Criminal Procedure; now, therefore, be it
RESOLVED, That the 80th Legislature of the State of Texas
observe a moratorium on the statutory creation of new police
agencies, except for any new law enforcement authority the
legislature deems necessary for the Texas Youth Commission, the
Texas Juvenile Probation Commission, and the Texas Health and Human
Services Commission Office of Inspector General, until the issue
can be studied and fully assessed by the 81st Texas Legislature.