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A BILL TO BE ENTITLED
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AN ACT
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relating to the office of inspector general of certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Article 2A.001, Code of Criminal Procedure, |
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is amended to conform to Section 2, Chapter 624 (H.B. 4372), Section |
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1, Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and |
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Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature, |
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Regular Session, 2023, and is further amended to read as follows: |
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Art. 2A.001. PEACE OFFICERS GENERALLY. The following are |
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peace officers: |
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(1) a sheriff, a sheriff's deputy, or a reserve deputy |
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sheriff who holds a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) a constable, a deputy constable, or a reserve |
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deputy constable who holds a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) a marshal or police officer of a municipality or a |
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reserve municipal police officer who holds a permanent peace |
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officer license issued under Chapter 1701, Occupations Code; |
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(4) a ranger, officer, or member of the reserve |
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officer corps commissioned by the Public Safety Commission and the |
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director of the Department of Public Safety; |
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(5) an investigator of a district attorney's, criminal |
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district attorney's, or county attorney's office; |
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(6) a law enforcement agent of the Texas Alcoholic |
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Beverage Commission; |
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(7) a member of an arson investigating unit |
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commissioned by a municipality, a county, or the state; |
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(8) an officer commissioned under Section 37.081 or |
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37.0818, Education Code, or Subchapter E, Chapter 51, Education |
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Code; |
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(9) an officer commissioned by the Texas Facilities |
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Commission; |
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(10) a law enforcement officer commissioned by the |
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Parks and Wildlife Commission; |
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(11) an officer commissioned under Chapter 23, |
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Transportation Code; |
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(12) a municipal park and recreational patrol officer |
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or security officer; |
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(13) a security officer or investigator commissioned |
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as a peace officer by the comptroller; |
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(14) an officer commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(15) an officer commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(16) an investigator commissioned by the Texas Medical |
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Board; |
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(17) an officer commissioned by: |
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(A) the board of managers of the Dallas County |
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Hospital District, the Tarrant County Hospital District, the Bexar |
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County Hospital District, or the El Paso County Hospital District |
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under Section 281.057, Health and Safety Code; |
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(B) the board of directors of the Ector County |
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Hospital District under Section 1024.117, Special District Local |
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Laws Code; |
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(C) the board of directors of the Midland County |
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Hospital District of Midland County, Texas, under Section 1061.121, |
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Special District Local Laws Code; or |
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(D) the board of hospital managers of the Lubbock |
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County Hospital District of Lubbock County, Texas, under Section |
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1053.113, Special District Local Laws Code; |
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(18) a county park ranger commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(19) an investigator employed by the Texas Racing |
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Commission; |
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(20) an officer commissioned under Chapter 554, |
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Occupations Code; |
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(21) an officer commissioned by the governing body of |
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a metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or a regional transportation authority under |
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Section 452.110, Transportation Code; |
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(22) an investigator commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(23) a security officer or investigator commissioned |
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as a peace officer under Chapter 466, Government Code; |
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(24) an officer appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(25) an officer commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(26) an investigator commissioned by the commissioner |
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of insurance under Section 701.104, Insurance Code; |
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(27) an officer appointed by the inspector general of |
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[apprehension specialist or inspector general commissioned by] the |
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Texas Juvenile Justice Department [as an officer] under Section |
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242.102 [or 243.052], Human Resources Code; |
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(28) an officer appointed by the inspector general of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(29) an investigator commissioned by the Texas |
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Commission on Law Enforcement under Section 1701.160, Occupations |
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Code; |
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(30) a fire marshal or any related officer, inspector, |
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or investigator commissioned by a county under Subchapter B, |
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Chapter 352, Local Government Code; |
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(31) a fire marshal or any officer, inspector, or |
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investigator commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; |
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(32) a fire marshal or any officer, inspector, or |
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investigator of a municipality who holds a permanent peace officer |
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license issued under Chapter 1701, Occupations Code; |
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(33) an officer commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section; [and] |
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(34) [(33)] an Alamo complex ranger commissioned by |
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the General Land Office under Section 31.0515, Natural Resources |
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Code, subject to the limitations imposed by that section; and |
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(35) an investigator of the office of the inspector |
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general of a municipality commissioned under Section 26.048, Local |
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Government Code [investigator commissioned by the Texas Juvenile |
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Justice Department as an officer under Section 221.011, Human |
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Resources Code]. |
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(b) Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter |
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870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1, |
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Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular |
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Session, 2023, which amended Article 2.12, Code of Criminal |
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Procedure, are repealed. |
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SECTION 2. Subchapter C, Chapter 26, Local Government Code, |
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is amended by adding Section 26.048 to read as follows: |
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Sec. 26.048. OFFICE OF INSPECTOR GENERAL IN CERTAIN |
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MUNICIPALITIES. (a) This section applies only to a municipality |
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that: |
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(1) has a population of more than 500,000; and |
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(2) is primarily located in a county with a population |
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of more than 2.5 million that is adjacent to a county with a |
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population of more than 2 million. |
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(b) The office of the inspector general of a municipality |
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may investigate the operations of any agency, office, or department |
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of the municipality, including the office of the city manager and |
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the office of the city attorney, to prevent and detect: |
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(1) serious breaches of municipal policy; and |
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(2) fraud, abuse of office, and any other criminal |
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activity. |
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(c) The office of the city manager or the office of the city |
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attorney may not impede: |
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(1) the operations of the office of the inspector |
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general; or |
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(2) an investigator of the office of the inspector |
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general commissioned as a peace officer under Subsection (d). |
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(d) A municipality that has an office of the inspector |
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general may commission as peace officers the investigators of that |
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office. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2025. |