Texas 2009 - 81st Regular

Texas House Bill HB3201 Compare Versions

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11 H.B. No. 3201
22
33
44 AN ACT
55 relating to the designation of certain fire marshals and related
66 officers, inspectors, and investigators as peace officers.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Article 2.12, Code of Criminal Procedure, is
99 amended to read as follows:
1010 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1111 officers:
1212 (1) sheriffs, their deputies, and those reserve
1313 deputies who hold a permanent peace officer license issued under
1414 Chapter 1701, Occupations Code;
1515 (2) constables, deputy constables, and those reserve
1616 deputy constables who hold a permanent peace officer license issued
1717 under Chapter 1701, Occupations Code;
1818 (3) marshals or police officers of an incorporated
1919 city, town, or village, and those reserve municipal police officers
2020 who hold a permanent peace officer license issued under Chapter
2121 1701, Occupations Code;
2222 (4) rangers and officers commissioned by the Public
2323 Safety Commission and the Director of the Department of Public
2424 Safety;
2525 (5) investigators of the district attorneys', criminal
2626 district attorneys', and county attorneys' offices;
2727 (6) law enforcement agents of the Texas Alcoholic
2828 Beverage Commission;
2929 (7) each member of an arson investigating unit
3030 commissioned by a city, a county, or the state;
3131 (8) officers commissioned under Section 37.081,
3232 Education Code, or Subchapter E, Chapter 51, Education Code;
3333 (9) officers commissioned by the General Services
3434 Commission;
3535 (10) law enforcement officers commissioned by the
3636 Parks and Wildlife Commission;
3737 (11) airport police officers commissioned by a city
3838 with a population of more than 1.18 million that operates an airport
3939 that serves commercial air carriers;
4040 (12) airport security personnel commissioned as peace
4141 officers by the governing body of any political subdivision of this
4242 state, other than a city described by Subdivision (11), that
4343 operates an airport that serves commercial air carriers;
4444 (13) municipal park and recreational patrolmen and
4545 security officers;
4646 (14) security officers and investigators commissioned
4747 as peace officers by the comptroller;
4848 (15) officers commissioned by a water control and
4949 improvement district under Section 49.216, Water Code;
5050 (16) officers commissioned by a board of trustees
5151 under Chapter 54, Transportation Code;
5252 (17) investigators commissioned by the Texas Medical
5353 Board;
5454 (18) officers commissioned by the board of managers of
5555 the Dallas County Hospital District, the Tarrant County Hospital
5656 District, or the Bexar County Hospital District under Section
5757 281.057, Health and Safety Code;
5858 (19) county park rangers commissioned under
5959 Subchapter E, Chapter 351, Local Government Code;
6060 (20) investigators employed by the Texas Racing
6161 Commission;
6262 (21) officers commissioned under Chapter 554,
6363 Occupations Code;
6464 (22) officers commissioned by the governing body of a
6565 metropolitan rapid transit authority under Section 451.108,
6666 Transportation Code, or by a regional transportation authority
6767 under Section 452.110, Transportation Code;
6868 (23) investigators commissioned by the attorney
6969 general under Section 402.009, Government Code;
7070 (24) security officers and investigators commissioned
7171 as peace officers under Chapter 466, Government Code;
7272 (25) an officer employed by the Department of State
7373 Health Services under Section 431.2471, Health and Safety Code;
7474 (26) officers appointed by an appellate court under
7575 Subchapter F, Chapter 53, Government Code;
7676 (27) officers commissioned by the state fire marshal
7777 under Chapter 417, Government Code;
7878 (28) an investigator commissioned by the commissioner
7979 of insurance under Section 701.104, Insurance Code;
8080 (29) apprehension specialists and inspectors general
8181 commissioned by the Texas Youth Commission as officers under
8282 Sections 61.0451 and 61.0931, Human Resources Code;
8383 (30) officers appointed by the inspector general of
8484 the Texas Department of Criminal Justice under Section 493.019,
8585 Government Code;
8686 (31) investigators commissioned by the Commission on
8787 Law Enforcement Officer Standards and Education under Section
8888 1701.160, Occupations Code;
8989 (32) commission investigators commissioned by the
9090 Texas Private Security Board under Section 1702.061(f),
9191 Occupations Code;
9292 (33) the fire marshal and any officers, inspectors, or
9393 investigators commissioned by an emergency services district under
9494 Chapter 775, Health and Safety Code;
9595 (34) officers commissioned by the State Board of
9696 Dental Examiners under Section 254.013, Occupations Code, subject
9797 to the limitations imposed by that section; [and]
9898 (35) investigators commissioned by the Texas Juvenile
9999 Probation Commission as officers under Section 141.055, Human
100100 Resources Code; and
101101 (36) the fire marshal and any related officers,
102102 inspectors, or investigators commissioned by a county under
103103 Subchapter B, Chapter 352, Local Government Code.
104104 SECTION 2. This Act takes effect immediately if it receives
105105 a vote of two-thirds of all the members elected to each house, as
106106 provided by Section 39, Article III, Texas Constitution. If this
107107 Act does not receive the vote necessary for immediate effect, this
108108 Act takes effect September 1, 2009.
109109 ______________________________ ______________________________
110110 President of the Senate Speaker of the House
111111 I certify that H.B. No. 3201 was passed by the House on May
112112 15, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
113113 voting; and that the House concurred in Senate amendments to H.B.
114114 No. 3201 on May 29, 2009, by the following vote: Yeas 139, Nays 0,
115115 2 present, not voting.
116116 ______________________________
117117 Chief Clerk of the House
118118 I certify that H.B. No. 3201 was passed by the Senate, with
119119 amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
120120 0.
121121 ______________________________
122122 Secretary of the Senate
123123 APPROVED: __________________
124124 Date
125125 __________________
126126 Governor