Texas 2023 - 88th Regular

Texas Senate Bill SB1698 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Kolkhorst S.B. No. 1698
2	2	(Stucky)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to peace officers commissioned by the Health and Human
8	8	Services Commission's office of inspector general.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.12, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
13	13	officers:
14	14	(1) sheriffs, their deputies, and those reserve
15	15	deputies who hold a permanent peace officer license issued under
16	16	Chapter 1701, Occupations Code;
17	17	(2) constables, deputy constables, and those reserve
18	18	deputy constables who hold a permanent peace officer license issued
19	19	under Chapter 1701, Occupations Code;
20	20	(3) marshals or police officers of an incorporated
21	21	city, town, or village, and those reserve municipal police officers
22	22	who hold a permanent peace officer license issued under Chapter
23	23	1701, Occupations Code;
24	24	(4) rangers, officers, and members of the reserve
25	25	officer corps commissioned by the Public Safety Commission and the
26	26	Director of the Department of Public Safety;
27	27	(5) investigators of the district attorneys', criminal
28	28	district attorneys', and county attorneys' offices;
29	29	(6) law enforcement agents of the Texas Alcoholic
30	30	Beverage Commission;
31	31	(7) each member of an arson investigating unit
32	32	commissioned by a city, a county, or the state;
33	33	(8) officers commissioned under Section 37.081,
34	34	Education Code, or Subchapter E, Chapter 51, Education Code;
35	35	(9) officers commissioned by the General Services
36	36	Commission;
37	37	(10) law enforcement officers commissioned by the
38	38	Parks and Wildlife Commission;
39	39	(11) officers commissioned under Chapter 23,
40	40	Transportation Code;
41	41	(12) municipal park and recreational patrolmen and
42	42	security officers;
43	43	(13) security officers and investigators commissioned
44	44	as peace officers by the comptroller;
45	45	(14) officers commissioned by a water control and
46	46	improvement district under Section 49.216, Water Code;
47	47	(15) officers commissioned by a board of trustees
48	48	under Chapter 54, Transportation Code;
49	49	(16) investigators commissioned by the Texas Medical
50	50	Board;
51	51	(17) officers commissioned by:
52	52	(A) the board of managers of the Dallas County
53	53	Hospital District, the Tarrant County Hospital District, the Bexar
54	54	County Hospital District, or the El Paso County Hospital District
55	55	under Section 281.057, Health and Safety Code;
56	56	(B) the board of directors of the Ector County
57	57	Hospital District under Section 1024.117, Special District Local
58	58	Laws Code;
59	59	(C) the board of directors of the Midland County
60	60	Hospital District of Midland County, Texas, under Section 1061.121,
61	61	Special District Local Laws Code; and
62	62	(D) the board of hospital managers of the Lubbock
63	63	County Hospital District of Lubbock County, Texas, under Section
64	64	1053.113, Special District Local Laws Code;
65	65	(18) county park rangers commissioned under
66	66	Subchapter E, Chapter 351, Local Government Code;
67	67	(19) investigators employed by the Texas Racing
68	68	Commission;
69	69	(20) officers commissioned under Chapter 554,
70	70	Occupations Code;
71	71	(21) officers commissioned by the governing body of a
72	72	metropolitan rapid transit authority under Section 451.108,
73	73	Transportation Code, or by a regional transportation authority
74	74	under Section 452.110, Transportation Code;
75	75	(22) investigators commissioned by the attorney
76	76	general under Section 402.009, Government Code;
77	77	(23) security officers and investigators commissioned
78	78	as peace officers under Chapter 466, Government Code;
79	79	(24) officers appointed by an appellate court under
80	80	Subchapter F, Chapter 53, Government Code;
81	81	(25) officers commissioned by the state fire marshal
82	82	under Chapter 417, Government Code;
83	83	(26) an investigator commissioned by the commissioner
84	84	of insurance under Section 701.104, Insurance Code;
85	85	(27) apprehension specialists and inspectors general
86	86	commissioned by the Texas Juvenile Justice Department as officers
87	87	under Sections 242.102 and 243.052, Human Resources Code;
88	88	(28) officers appointed by the inspector general of
89	89	the Texas Department of Criminal Justice under Section 493.019,
90	90	Government Code;
91	91	(29) investigators commissioned by the Texas
92	92	Commission on Law Enforcement under Section 1701.160, Occupations
93	93	Code;
94	94	(30) commission investigators commissioned by the
95	95	Texas Private Security Board under Section 1702.061, Occupations
96	96	Code;
97	97	(31) the fire marshal and any officers, inspectors, or
98	98	investigators commissioned by an emergency services district under
99	99	Chapter 775, Health and Safety Code;
100	100	(32) officers commissioned by the State Board of
101	101	Dental Examiners under Section 254.013, Occupations Code, subject
102	102	to the limitations imposed by that section;
103	103	(33) investigators commissioned by the Texas Juvenile
104	104	Justice Department as officers under Section 221.011, Human
105	105	Resources Code; [and]
106	106	(34) the fire marshal and any related officers,
107	107	inspectors, or investigators commissioned by a county under
108	108	Subchapter B, Chapter 352, Local Government Code; and
109	109	(35) commissioned officers employed by the Health and
110	110	Human Services Commission's office of inspector general.
111	111	SECTION 2. Section 531.1022, Government Code, is amended by
112	112	amending Subsections (a), (b), and (d) and adding Subsections (b-1)
113	113	and (e) to read as follows:
114	114	(a) The commission's office of inspector general shall
115	115	employ and commission [not more than five] peace officers [at any
116	116	given time] for the purpose of assisting the office in carrying out
117	117	the office's duties [of the office] relating to:
118	118	(1) assisting a state or local law enforcement agency
119	119	in the investigation of an alleged criminal offense involving:
120	120	(A) a state hospital patient; or
121	121	(B) a state supported living center client or
122	122	resident; and
123	123	(2) the investigation of fraud, waste, and abuse
124	124	under:
125	125	(A) [in] Medicaid; or
126	126	(B) the supplemental nutrition assistance
127	127	program under Chapter 33, Human Resources Code.
128	128	(b) Peace officers employed under this section to
129	129	investigate fraud, waste, and abuse under Medicaid:
130	130	(1) may not exceed five in number at any given time;
131	131	and
132	132	(2) are administratively attached to the Department of
133	133	Public Safety.
134	134	(b-1) The commission shall provide administrative support
135	135	to the Department of Public Safety as [department] necessary to
136	136	support peace officer assignments [the assignment of peace officers
137	137	employed] under Subsection (b)(2) [this section].
138	138	(d) The commission's office of inspector general [A peace
139	139	officer employed and commissioned under this section] shall obtain
140	140	prior approval from the office of the attorney general before a
141	141	peace officer employed under Subsection (b) carries [carrying] out
142	142	any duties requiring peace officer status.
143	143	(e) The commission's office of inspector general shall
144	144	ensure a peace officer employed under this section is compensated
145	145	according to Schedule C of the position classification salary
146	146	schedule prescribed by the General Appropriations Act.
147	147	SECTION 3. Section 659.301(5), Government Code, is amended
148	148	to read as follows:
149	149	(5) "State employee" means an individual who:
150	150	(A) is a commissioned law enforcement officer of
151	151	the Department of Public Safety, the Texas Facilities Commission,
152	152	the Texas Alcoholic Beverage Commission, the Texas Department of
153	153	Criminal Justice, the attorney general, [or] the insurance fraud
154	154	unit of the Texas Department of Insurance, or the Health and Human
155	155	Services Commission's office of inspector general;
156	156	(B) is a commissioned security officer of the
157	157	comptroller;
158	158	(C) is a law enforcement officer commissioned by
159	159	the Parks and Wildlife Commission;
160	160	(D) is a commissioned peace officer of an
161	161	institution of higher education;
162	162	(E) is an employee or official of the Board of
163	163	Pardons and Paroles or the parole division of the Texas Department
164	164	of Criminal Justice if the employee or official has routine direct
165	165	contact with inmates of any penal or correctional institution or
166	166	with administratively released prisoners subject to the board's
167	167	jurisdiction;
168	168	(F) has been certified to the Employees
169	169	Retirement System of Texas under Section 815.505 as having begun
170	170	employment as a law enforcement officer or custodial officer,
171	171	unless the individual has been certified to the system as having
172	172	ceased employment as a law enforcement officer or custodial
173	173	officer;
174	174	(G) before May 29, 1987, received hazardous duty
175	175	pay based on the terms of any state law if the individual holds a
176	176	position designated under that law as eligible for the pay; or
177	177	(H) is a security officer employed by the Texas
178	178	Military Department.
179	179	SECTION 4. Section 661.918(a), Government Code, is amended
180	180	to read as follows:
181	181	(a) This section applies to a peace officer under Article
182	182	2.12, Code of Criminal Procedure, who is commissioned as a law
183	183	enforcement officer or agent, including a ranger, by:
184	184	(1) the Public Safety Commission and the director of
185	185	the Department of Public Safety;
186	186	(2) the Parks and Wildlife Commission;
187	187	(3) the Texas Alcoholic Beverage Commission;
188	188	(4) the attorney general; [or]
189	189	(5) the insurance fraud unit of the Texas Department
190	190	of Insurance; or
191	191	(6) the Health and Human Services Commission's office
192	192	of inspector general.
193	193	SECTION 5. (a) The classification officer in the office of
194	194	the state auditor shall classify the position of commissioned peace
195	195	officer employed as an investigator by the Health and Human
196	196	Services Commission's office of inspector general as a Schedule C
197	197	position under the position classification plan maintained under
198	198	Chapter 654, Government Code.
199	199	(b) The change made by the classification officer as
200	200	required by this section applies beginning with the state fiscal
201	201	biennium beginning September 1, 2023.
202	202	(c) This section expires September 1, 2025.
203	203	SECTION 6. Section 661.918(a), Government Code, as amended
204	204	by this Act, applies only to an injury that occurs on or after the
205	205	effective date of this Act.
206	206	SECTION 7. If before implementing any provision of this Act
207	207	a state agency determines that any other waiver or authorization
208	208	from a federal agency is necessary for implementation of that
209	209	provision, the agency affected by the provision shall request the
210	210	waiver or authorization and may delay implementing that provision
211	211	until the waiver or authorization is granted.
212	212	SECTION 8. This Act takes effect September 1, 2023.