BILL ANALYSIS

S.B. 502

By: Perry

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current state law, the duties of officers employed and commissioned by the Health and Human Service Commission office of inspector general (OIG) consist of assisting the office in carrying out the office's duties relating to the investigation of Medicaid fraud, waste, and abuse. The bill sponsor has informed the committee that these duties also include investigating abuse, neglect, and exploitation at state hospitals and state supported living centers and investigating allegations of misuse or trafficking of SNAP benefits, with these officers working jointly with other law enforcement agencies across the state to apprehend and prosecute individuals attempting to defraud state health and human services programs. The bill sponsor has also informed the committee that the OIG currently employs 37 officers that are required to have a minimum of 10 years experience, with the current average being 27 years, and that most of these officers hold a college degree and a master peace officer license. However, the bill sponsor has further informed the committee that there is a current inequality between the compensation of officers employed by the OIG and the compensation of officers employed by other state law enforcement agencies, with OIG officers being compensated approximately 42 percent less on average than similar officers employed by other state law enforcement agencies. S.B. 502 seeks to improve the OIG's ability to offer competitive salaries and to attract and retain qualified professionals by ensuring that officers employed and commissioned by the OIG are paid according to Schedule C of the position classification salary schedule prescribed by the General Appropriations Act and entitling these officers to hazardous duty pay and injury leave.

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

S.B. 502 amends the Code of Criminal Procedure to include an officer commissioned and employed by the Health and Human Services Commission (HHSC) office of inspector general among the officers classified as peace officers. The bill establishes the legislature's intent that this inclusion be harmonized with another act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

S.B. 502 amends the Government Code to require the HHSC office of inspector general to ensure a peace officer employed and commissioned by the office for the purpose of assisting the office in carrying out its duties relating to the investigation of Medicaid fraud, waste, and abuse is compensated according to Schedule C of the position classification salary schedule prescribed by the General Appropriations Act. The bill includes a law enforcement officer commissioned by the office as a state employee for purposes of the entitlement to receive hazardous duty pay and includes a peace officer commissioned as a law enforcement officer or agent, including a ranger, by the office among the peace officers to whom statutory provisions relating to peace officer injury leave for certain injuries sustained due to the nature of the officer's duties and that occur during the course of the officer's performance of duty apply. The latter inclusion applies only to an injury that occurs on or after the bill's effective date.

S.B. 502 requires the classification officer in the state auditor's office to classify the position of commissioned peace officer employed as an investigator by the HHSC office of inspector general as a Schedule C position under the position classification plan maintained under the Position Classification Act. The change made by the classification officer as required by the bill applies beginning with the 2026-2027 state fiscal biennium. These provisions expire September 1, 2027.

EFFECTIVE DATE

September 1, 2025.