BILL ANALYSIS
Senate Research Center |
H.B. 1866 |
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By: Lujan et al. (Flores) |
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Criminal Justice |
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5/15/2025 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The San Antonio Missions National Historical Park (NHP) is one of Texas' most treasured landmarks, serving as the state's only UNESCO World Heritage site and a significant driver of tourism and economic activity. In 2023 alone, the San Antonio Missions attracted more than 1.2 million visitors, generating an estimated $150 million in economic impact for the San Antonio region. As both a cultural and historical cornerstone, the Missions require robust protection to preserve their integrity and ensure a safe and welcoming environment for visitors.
Despite its historical significance, the San Antonio Missions NHP has experienced a troubling increase in crime and vandalism. Graffiti and defacement of historic structures threaten irreplaceable cultural landmarks. The rising cost of repairs and restoration diverts essential resources away from preservation efforts. Additionally, criminal activity�including drug use, drug distribution, prostitution, and vagrancy�poses a growing concern, negatively impacting visitors, staff, and the local tourism industry.
While National Park Service (NPS) law enforcement rangers are responsible for safeguarding these national park sites, their enforcement authority is severely limited under Texas law. Unlike state or local law enforcement officers, NPS rangers lack full Texas peace officer status, restricting their ability to independently enforce state laws including those related to trespassing, drug offenses and distribution, prostitution, vandalism, or other state offenses. As a result, park rangers must rely on local law enforcement agencies for assistance, often causing delays in responding to criminal activity and most times allowing for criminals to evade prosecution.
NPS rangers primarily operate under federal authority, meaning they can enforce federal laws and regulations within the boundaries of national park sites. However, they do not have the same peace officer status as state or local law enforcement. In the 76th Legislature, the Texas Legislature granted limited state peace officer authority under S.B. 965, but their jurisdiction remains inadequate to effectively address growing safety concerns in Texas' national parks.
H.B. 1866 strengthens NPS rangers' capabilities within Texas' national parks by granting National Park Service law enforcement officers additional authority within the bounds of a National Park Site.
Specifically, H.B. 1866 seeks to grant NPS rangers three additional powers: the powers of arrest, search, and seizure concerning any offense under Texas state law committed within a national park or national recreation area; authority to execute arrest or search warrants; and authority to conduct emergency detention and court-ordered mental health services defined under Chapters 573 and 574 of the Texas Health and Safety Code. The bill also defines "national park or national recreation area" in accordance with 54 U.S.C. Section 100102, ensuring clarity in jurisdictional application.
H.B. 1866 aims to enhance the enforcement capabilities of NPS law enforcement officers within Texas, thereby improving the protection and safety of national park sites across the state. Granting these additional authorities, within the boundaries of a state park, will enhance the capability of law enforcement rangers to address crime and vandalism impacting the national park site, improve crime prevention and response, and protect our cultural heritage for generations to come.
H.B. 1866 amends current law relating to the state law enforcement authority of federal National Park Service law enforcement officers.
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 2A.002, Code of Criminal Procedure, by amending Subsection (d) and adding Subsection (d-1), as follows:
(d) Provides that a commissioned law enforcement officer of the National Park Service is not a peace officer under the law of this state but has, within the boundaries of a national park or national recreation area, the power to execute any arrest warrant or search warrant issued under the laws of this state and the powers granted to a peace officer by Chapters 573 (Emergency Detention) and 574 (Court-Ordered Mental Health Services), Health and Safety Code. Makes nonsubstantive changes.
(d-1) Creates this subdivision from existing text and makes a nonsubstantive change.
SECTION 2. Effective date: upon passage or September 1, 2025.