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BILL ANALYSIS

 

 

Senate Research Center

H.B. 1099

86R5382 MAW-D

By: Guillen (Hinojosa)

 

Criminal Justice

 

5/13/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Veterinary medical examiners have access to all types of federally regulated drugs and often store these in their offices. This makes it very easy for an individual to steal these regulated drugs. Currently state boards which are similar to the Texas State Board of Veterinary Medical Examiners (TSBVME) have the statutory authority to hire individuals who are licensed peace officers as investigators. (Pharmacy board, dental board). State and federal law enforcement agencies have difficulty providing information to board investigators due to laws prohibiting the release of criminal justice information to non-criminal justice personnel. The commissioning of board investigators would allow for the exchange of information.

 

H.B. 1099 would allow for TSBVME to employ and commission peace officers to serve as investigators, which would allow a better exchange of information with state and federal law enforcement agencies during investigations of such crimes.

 

H.B. 1099 amends current law relating to peace officers commissioned by the State Board of Veterinary Medical Examiners.

 

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 Subchapter D, Chapter 801, Occupations Code, by adding Section 801.165, as follows:

Sec. 801.165.  PEACE OFFICERS.� (a)� Authorizes the Texas State Board of Veterinary Medical Examiners (TSBVME) �to employ and commission as a peace officer to enforce this chapter a person who has been certified as qualified to be a peace officer by the Texas Commission on Law Enforcement.

 

(b) Requires TSBVME, if TSBVME commissions peace officers under Subsection (a), to designate a peace officer as the chief investigator to supervise and direct the other peace officers commissioned by TSBVME.� Requires the chief investigator to have appropriate training and experience in law enforcement, as determined by TSBVME.

 

SECTION 2. Amends Article 2.12, Code of Criminal Procedure, as follows:

 

Art. 2.12.  WHO ARE PEACE OFFICERS. Provides that the following are peace officers:

 

(1)�(33) makes no changes to these subdivisions;

 

(34)�(35) makes nonsubstantive changes; and

 

(36) officers commissioned by TSBVME under Section 801.165, Occupations Code.

SECTION 3. Effective date: upon passage or September 1, 2019.