BILL ANALYSIS |
S.B. 739 |
By: Kolkhorst |
Criminal Jurisprudence |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
The bill sponsor has informed the committee that while most fraud investigations involve suspect electronic communications, the fraud investigation unit at the Texas Department of Insurance does not have the statutory authority to access certain electronic communications. The bill sponsor has also informed the committee that although current law authorizes the commissioner of insurance to commission investigators as peace officers, these officers are not included in statutory provisions relating to the installation and use of tracking equipment and access to communications. Without this authority, these investigators must otherwise rely on other agencies' peace officers to help with their investigations, hindering speed and efficiency for all stakeholders. S.B. 739 seeks to address this issue by including an investigator commissioned as a peace officer by the commissioner of insurance to enforce insurance fraud provisions among the persons considered as an "authorized peace officer" for purposes of those statutory provisions.
|
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. 739 amends the Code of Criminal Procedure to include an investigator commissioned as a peace officer by the commissioner of insurance to enforce insurance fraud provisions among the persons considered as an "authorized peace officer" for purposes of statutory provisions governing the installation and use of tracking equipment and access to certain communications.
S.B. 739 establishes 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.
|
EFFECTIVE DATE
September 1, 2025.
|