BILL ANALYSIS

 

 

 

H.B. 1866

By: Lujan

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The San Antonio Missions National Historical Park (NHP) serves as the state's only UNESCO World Heritage site and is a significant driver of tourism and economic activity. According to a National Park Service report, the San Antonio Missions NHP attracted approximately 1.2 million visitors in 2023, generating an estimated $150 million in economic benefit for the San Antonio region. The bill author has informed the committee that the San Antonio Missions NHP has experienced a troubling increase in criminal activity that negatively impacts visitors, staff, and the local tourism industry, as well as graffiti and defacement of historic structures that threaten irreplaceable cultural landmarks and lead to rising repair and restoration costs that divert essential resources away from preservation efforts.

 

While National Park Service (NPS) law enforcement officers are responsible for safeguarding national park sites, they are not currently classified as peace officers under state law, which restricts their ability to independently enforce state criminal laws. The bill author has informed the committee that NPS law enforcement officers must often rely on local law enforcement agencies for assistance, which can cause delays in responding to criminal activity and allow some criminals to evade prosecution. The 76th Texas Legislature granted limited state law enforcement authority to NPS law enforcement officers, but more can be done to strengthen their ability to effectively address growing safety concerns at Texas national parks. H.B. 1866 seeks to grant NPS officers certain additional state law enforcement authority in order to improve the protection and safety of national park sites across Texas.

 

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

 

H.B. 1866 amends the Code of Criminal Procedure to grant a commissioned law enforcement officer of the National Park Service the following powers:

·       the power to execute any arrest warrant or search warrant issued under state law; and

·       the powers granted to a peace officer by Texas Mental Health Code provisions relating to emergency detention and court-ordered mental health services.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.