BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 3435

80R14301 TAD-D                                                                                         By: Herrero (Hinojosa)

Criminal Justice

5/17/2007

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Questions have arisen as to port police officers' status and jurisdiction as peace officers, which may impede port officers' ability to fulfill their unique mission to function as first responders and investigate and act upon breaches of port security.

H.B. 3435 clarifies the authority and jurisdiction of port authority police officers who are not listed under Article 2.12, Code of Criminal Procedure, but who are in fact designated peace officers under the Texas Water Code, Chapter 60.

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 Section 60.077, Water Code, as follows:

Sec. 60.077.  AUTHORITY OF PEACE OFFICERS.  (a) Creates this subsection from existing text.

(b) Provides that a peace officer employed or appointed by the navigation and canal commission has the same powers and duties as a peace officer described by Article 2.12 (Who Are Peace Officers), Code of Criminal Procedure.

SECTION 2.  Effective date: upon passage or September 1, 2007.