BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 502

89R17101 LRM-F

By: Perry

 

Health & Human Services

 

3/12/2025

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The duties of Office of Inspector General (OIG) peace officers include conducting criminal investigations related to abuse, neglect, and exploitation at state hospitals and state supported living centers. They also investigate allegations of misuse, or trafficking of Supplemental Nutrition Assistance Program benefits, and work jointly with other law enforcement agencies across the state to apprehend and prosecute individuals attempting to defraud state health and human service programs.

The OIG employs 37 peace officers. They are required to have a minimum of 10 years of experience, with the current average being 27 years. Most OIG peace officers hold a college degree and a master peace officer license. There is inequality in the compensation of peace officers employed by the OIG and officers employed by other state law enforcement agencies.

On average, OIG peace officers are compensated at approximately 42 percent less than the equivalent rank of other state peace officers.

S.B. 502 ensures that commissioned peace officers employed by the OIG are paid according to Schedule C, which governs commissioned law enforcement positions. The bill provides OIG peace officers hazardous duty pay and injury leave consistent with benefits provided to other state law enforcement officers.

Additionally, S.B. 502 amends the Code of Criminal Procedure to add OIG peace officers to the list of peace officers in Article 2A.001. This is a technical change and does not impact OIG operations.

S.B. 502 will improve the OIG's ability to offer competitive salaries and to attract and retain qualified professionals in these positions. The bill does not grant any additional rulemaking authority to peace officers.

(Original Author's/Sponsor's Statement of Intent)

 

C.S.S.B. 502 amends current law relating to peace officers commissioned by the Health and Human Services Commission's office of inspector general.

 

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.001, Code of Criminal Procedure, to include an officer commissioned and employed by the Health and Human Services Commission's (HHSC) office of inspector general among the persons who are peace officers.

 

SECTION 2. Amends Section 544.0107, Government Code, as effective April 1, 2025, by adding Subsection (d), to require the office of inspector general to ensure a peace officer employed under Section 544.0107 (Employment of Peace Officers) is compensated according to Schedule C of the position classification salary schedule prescribed by the General Appropriations Act.

 

SECTION 3. Amends Section 659.301(5), Government Code, to redefine "state employee."

 

SECTION 4. Amends Section 661.918(a), Government Code, to provide that Section 661.918 (Injury Leave for Certain Peace Officers) applies to a peace officer under Article 2A.001 (Peace Officers Generally), Code of Criminal Procedure, who is commissioned as a law enforcement officer or agent, including a ranger, by certain entities, including HHSC's office of inspector general.

 

SECTION 5. (a) Requires the classification officer in the office of the state auditor to classify the position of commissioned peace officer employed as an investigator by HHSC's office of inspector general as a Schedule C position under the position classification plan maintained under Chapter 654 (Position Classification), Government Code.

 

(b) Provides that the change made by the classification officer as required by this section applies beginning with the state fiscal biennium beginning September 1, 2025.

 

(c) Provides that this section expires September 1, 2027.

 

SECTION 6. Makes application of Section 661.918(a), Government Code, as amended by this Act, prospective.

 

SECTION 7. Provides that it is the intent of the 89th Legislature, Regular Session, 2025, that the amendments made by this Act to Article 2A.001, Code of Criminal Procedure, be harmonized with another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

 

SECTION 8. Effective date: September 1, 2025.