BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 434

80R2746 HLT-D                                                                                          By: Madden (Whitmire)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/13/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law authorizes the executive director of the Texas Department of Criminal Justice to appoint employees as peace officers.  In practice however, the executive director does not supervise these individuals.  They report to and are supervised by the inspector general, who reports directly to the Texas Board of Criminal Justice. 

 

H.B. 434 removes the executive director’s appointing authority in such cases and gives that authority to the inspector general.

 

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 provide that officers appointed by the inspector general, rather than the executive director, of the Texas Department of Criminal Justice (TDCJ) under Section 493.019, Government Code, are peace officers.

 

SECTION 2.  Amends Section 493.019, Government Code, to authorize the inspector general, rather than the executive director of TDCJ, to appoint employees who are certified by the Commission on Law Enforcement Officer Standards and Education as qualified to be peace officers to serve under the direction of the inspector general and assist the inspector general in performing the enforcement duties of TDCJ.  Makes conforming changes.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.