BILL ANALYSIS

C.S.H.B. 3863

By: Wilson

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There are concerns that special agents within the Office of Inspector General of the U.S. Department of Agriculture are limited in their authority when conducting joint investigations with state and local agencies concerning violations of state law and are not able to fully participate in those investigations. C.S.H.B. 3863 seeks to address this issue by granting limited state law enforcement authority to special agents of that office.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3863 amends the Code of Criminal Procedure to include special agents of the Office of Inspector General of the U.S. Department of Agriculture among the criminal investigators deemed not to be peace officers but who have the powers of arrest, search, and seizure under state laws as to felony offenses only.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3863 differs from the original in minor or nonsubstantive ways to make technical corrections.