BILL ANALYSIS

 

 

 

C.S.H.B. 3177

By: Anchía

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee that with over 70 percent support, Dallas voters overwhelmingly approved a city charter amendment in 2024 to create the Office of the Inspector General (OIG), as recommended by a city task force, and tasked it with identifying, investigating, and resolving ethical issues within the city, such as fraud, waste, abuse, and corruption. However, the bill author has also informed the committee that the OIG does not have sufficient law enforcement status, which severely restricts its ability to fully pursue its assigned tasks and prevents it from accessing critical investigative tools and databases, forcing it to rely on external agencies to lead cases, which may result in delayed or limited justice, unreported losses to the city, and missed opportunities. The bill author has further informed the committee that most law enforcement agencies are unable to share information and effectively coordinate with the OIG, harming the OIG's ability to conduct joint investigations and join task forces, and that because investigators of these offices play a law enforcement role, it is imperative that they have the resources necessary to properly address the issues they have been tasked to investigate and resolve. C.S.H.B. 3177 seeks to address this issue by enabling an office of the inspector general in a large city to commission OIG investigators as peace officers, ensuring they have the required tools and resources to combat fraud and corruption.

 

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. 3177 amends the Local Government Code to authorize a municipality that has a population of more than 1.2 million and an office of the inspector general to commission as peace officers the investigators of that office. The bill prohibits an office of the inspector general or an investigator of that office from investigating alleged misconduct committed by a peace officer if the law enforcement agency employing the peace officer maintains a unit within the agency responsible for investigating alleged misconduct committed by the agency's peace officers, including an internal affairs unit or public integrity unit.

 

C.S.H.B. 3177 amends the Code of Criminal Procedure to include an investigator of the office of the inspector general of a municipality commissioned under the bill's provisions among the individuals classified as peace officers. The bill further updates that list to conform to changes made by certain Acts of the 88th Legislature, Regular Session, 2023, to a version of the list that was repealed and replaced by another act of that legislature.

 

C.S.H.B. 3177 expands the definition of "authorized peace officer" for purposes of statutory provisions relating to the installation and use of tracking equipment and access to certain communications to include an investigator of the office of the inspector general of a municipality commissioned under the bill's provisions.

 

C.S.H.B. 3177 repeals Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular Session, 2023.

 

To the extent of any conflict, the bill prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

 

EFFECTIVE DATE

 

September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 3177 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute includes the following provisions that were absent from the introduced:

·       an authorization for a municipality that has a population of more than 1.2 million and an office of the inspector general to commission as peace officers the investigators of that office;

·       a prohibition against an office of the inspector general or an investigator of that office investigating alleged misconduct committed by a peace officer if the law enforcement agency employing the peace officer maintains a unit within the agency responsible for investigating alleged misconduct committed by the agency's peace officers, including an internal affairs unit or public integrity unit;

·       provisions updating the list of individuals classified as peace officers to conform to changes made by certain Acts of the 88th Legislature, Regular Session, 2023, to a version of the list that was repealed and replaced by another act of that legislature;

·       a provision repealing Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular Session, 2023; and

·       a procedural provision establishing that, to the extent of any conflict, the bill prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

 

Whereas the introduced included an investigator commissioned by the Texas Commission on Law Enforcement designated by the inspector general for the City of Dallas among the individuals classified as peace officers, the substitute includes an investigator of the office of the inspector general of a municipality commissioned under the bill's provisions among the individuals classified as peace officers.

 

Whereas the introduced expanded the definition of "authorized peace officer" for purposes of statutory provisions relating to the installation and use of tracking equipment and access to certain communications to include an investigator appointed by the inspector general for the City of Dallas, the substitute expands that definition to include an investigator of the office of the inspector general of a municipality commissioned under the bill's provisions.

 

The substitute changes the bill's effective date to September 1, 2025, with no possibility for immediate effect, whereas the introduced provided for its possible immediate effect, contingent on receiving the requisite constitutional vote.