88R12610 JG-F
By: Stucky H.B. No. 3888
A BILL TO BE ENTITLED
AN ACT
relating to peace officers commissioned by the Health and Human
Services Commission's office of inspector general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers, officers, and members of the reserve
officer corps commissioned by the Public Safety Commission and the
Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) officers commissioned under Chapter 23,
Transportation Code;
(12) municipal park and recreational patrolmen and
security officers;
(13) security officers and investigators commissioned
as peace officers by the comptroller;
(14) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) investigators commissioned by the Texas Medical
Board;
(17) officers commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; and
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) investigators employed by the Texas Racing
Commission;
(20) officers commissioned under Chapter 554,
Occupations Code;
(21) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(22) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(23) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(24) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) apprehension specialists and inspectors general
commissioned by the Texas Juvenile Justice Department as officers
under Sections 242.102 and 243.052, Human Resources Code;
(28) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) investigators commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061, Occupations
Code;
(31) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(33) investigators commissioned by the Texas Juvenile
Justice Department as officers under Section 221.011, Human
Resources Code; [and]
(34) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code; and
(35) commissioned officers employed by the Health and
Human Services Commission's office of inspector general.
SECTION 2. Section 531.1022, Government Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsections (b-1)
and (e) to read as follows:
(a) The commission's office of inspector general shall
employ and commission [not more than five] peace officers [at any
given time] for the purpose of assisting the office in carrying out
the office's duties [of the office] relating to:
(1) assisting a state or local law enforcement agency
in the investigation of an alleged criminal offense involving:
(A) a state hospital patient; or
(B) a state supported living center client or
resident; and
(2) the investigation of fraud, waste, and abuse
under:
(A) [in] Medicaid; or
(B) the supplemental nutrition assistance
program under Chapter 33, Human Resources Code.
(b) Peace officers employed under this section to
investigate fraud, waste, and abuse under Medicaid:
(1) may not exceed five in number at any given time;
and
(2) are administratively attached to the Department of
Public Safety.
(b-1) The commission shall provide administrative support
to the Department of Public Safety as [department] necessary to
support peace officer assignments [the assignment of peace officers
employed] under Subsection (b)(2) [this section].
(d) The commission's office of inspector general [A peace
officer employed and commissioned under this section] shall obtain
prior approval from the office of the attorney general before a
peace officer employed under Subsection (b) carries [carrying] out
any duties requiring peace officer status.
(e) The commission's office of inspector general shall
ensure a peace officer employed under this section is compensated
according to Schedule C of the position classification salary
schedule prescribed by the General Appropriations Act.
SECTION 3. Section 659.301(5), Government Code, is amended
to read as follows:
(5) "State employee" means an individual who:
(A) is a commissioned law enforcement officer of
the Department of Public Safety, the Texas Facilities Commission,
the Texas Alcoholic Beverage Commission, the Texas Department of
Criminal Justice, the attorney general, [or] the insurance fraud
unit of the Texas Department of Insurance, or the Health and Human
Services Commission's office of inspector general;
(B) is a commissioned security officer of the
comptroller;
(C) is a law enforcement officer commissioned by
the Parks and Wildlife Commission;
(D) is a commissioned peace officer of an
institution of higher education;
(E) is an employee or official of the Board of
Pardons and Paroles or the parole division of the Texas Department
of Criminal Justice if the employee or official has routine direct
contact with inmates of any penal or correctional institution or
with administratively released prisoners subject to the board's
jurisdiction;
(F) has been certified to the Employees
Retirement System of Texas under Section 815.505 as having begun
employment as a law enforcement officer or custodial officer,
unless the individual has been certified to the system as having
ceased employment as a law enforcement officer or custodial
officer;
(G) before May 29, 1987, received hazardous duty
pay based on the terms of any state law if the individual holds a
position designated under that law as eligible for the pay; or
(H) is a security officer employed by the Texas
Military Department.
SECTION 4. Section 661.918(a), Government Code, is amended
to read as follows:
(a) This section applies to a peace officer under Article
2.12, Code of Criminal Procedure, who is commissioned as a law
enforcement officer or agent, including a ranger, by:
(1) the Public Safety Commission and the director of
the Department of Public Safety;
(2) the Parks and Wildlife Commission;
(3) the Texas Alcoholic Beverage Commission;
(4) the attorney general; [or]
(5) the insurance fraud unit of the Texas Department
of Insurance; or
(6) the Health and Human Services Commission's office
of inspector general.
SECTION 5. (a) The classification officer in the office of
the state auditor shall classify the position of commissioned peace
officer employed as an investigator by the Health and Human
Services Commission's office of inspector general as a Schedule C
position under the position classification plan maintained under
Chapter 654, Government Code.
(b) The change made by the classification officer as
required by this section applies beginning with the state fiscal
biennium beginning September 1, 2023.
(c) This section expires September 1, 2025.
SECTION 6. Section 661.918(a), Government Code, as amended
by this Act, applies only to an injury that occurs on or after the
effective date of this Act.
SECTION 7. If before implementing any provision of this Act
a state agency determines that any other waiver or authorization
from a federal agency is necessary for implementation of that
provision, the agency affected by the provision shall request the
waiver or authorization and may delay implementing that provision
until the waiver or authorization is granted.
SECTION 8. This Act takes effect September 1, 2023.