Texas 2025 - 89th Regular

Texas House Bill HB3948 Compare Versions

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11 89R15850 JCG-F
22 By: Y. Davis of Dallas H.B. No. 3948
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the office of inspector general of certain
1010 municipalities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. (a) Article 2A.001, Code of Criminal Procedure,
1313 is amended to conform to Section 2, Chapter 624 (H.B. 4372), Section
1414 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
1515 Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
1616 Regular Session, 2023, and is further amended to read as follows:
1717 Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
1818 peace officers:
1919 (1) a sheriff, a sheriff's deputy, or a reserve deputy
2020 sheriff who holds a permanent peace officer license issued under
2121 Chapter 1701, Occupations Code;
2222 (2) a constable, a deputy constable, or a reserve
2323 deputy constable who holds a permanent peace officer license issued
2424 under Chapter 1701, Occupations Code;
2525 (3) a marshal or police officer of a municipality or a
2626 reserve municipal police officer who holds a permanent peace
2727 officer license issued under Chapter 1701, Occupations Code;
2828 (4) a ranger, officer, or member of the reserve
2929 officer corps commissioned by the Public Safety Commission and the
3030 director of the Department of Public Safety;
3131 (5) an investigator of a district attorney's, criminal
3232 district attorney's, or county attorney's office;
3333 (6) a law enforcement agent of the Texas Alcoholic
3434 Beverage Commission;
3535 (7) a member of an arson investigating unit
3636 commissioned by a municipality, a county, or the state;
3737 (8) an officer commissioned under Section 37.081 or
3838 37.0818, Education Code, or Subchapter E, Chapter 51, Education
3939 Code;
4040 (9) an officer commissioned by the Texas Facilities
4141 Commission;
4242 (10) a law enforcement officer commissioned by the
4343 Parks and Wildlife Commission;
4444 (11) an officer commissioned under Chapter 23,
4545 Transportation Code;
4646 (12) a municipal park and recreational patrol officer
4747 or security officer;
4848 (13) a security officer or investigator commissioned
4949 as a peace officer by the comptroller;
5050 (14) an officer commissioned by a water control and
5151 improvement district under Section 49.216, Water Code;
5252 (15) an officer commissioned by a board of trustees
5353 under Chapter 54, Transportation Code;
5454 (16) an investigator commissioned by the Texas Medical
5555 Board;
5656 (17) an officer commissioned by:
5757 (A) the board of managers of the Dallas County
5858 Hospital District, the Tarrant County Hospital District, the Bexar
5959 County Hospital District, or the El Paso County Hospital District
6060 under Section 281.057, Health and Safety Code;
6161 (B) the board of directors of the Ector County
6262 Hospital District under Section 1024.117, Special District Local
6363 Laws Code;
6464 (C) the board of directors of the Midland County
6565 Hospital District of Midland County, Texas, under Section 1061.121,
6666 Special District Local Laws Code; or
6767 (D) the board of hospital managers of the Lubbock
6868 County Hospital District of Lubbock County, Texas, under Section
6969 1053.113, Special District Local Laws Code;
7070 (18) a county park ranger commissioned under
7171 Subchapter E, Chapter 351, Local Government Code;
7272 (19) an investigator employed by the Texas Racing
7373 Commission;
7474 (20) an officer commissioned under Chapter 554,
7575 Occupations Code;
7676 (21) an officer commissioned by the governing body of
7777 a metropolitan rapid transit authority under Section 451.108,
7878 Transportation Code, or a regional transportation authority under
7979 Section 452.110, Transportation Code;
8080 (22) an investigator commissioned by the attorney
8181 general under Section 402.009, Government Code;
8282 (23) a security officer or investigator commissioned
8383 as a peace officer under Chapter 466, Government Code;
8484 (24) an officer appointed by an appellate court under
8585 Subchapter F, Chapter 53, Government Code;
8686 (25) an officer commissioned by the state fire marshal
8787 under Chapter 417, Government Code;
8888 (26) an investigator commissioned by the commissioner
8989 of insurance under Section 701.104, Insurance Code;
9090 (27) an officer appointed by the inspector general of
9191 [apprehension specialist or inspector general commissioned by] the
9292 Texas Juvenile Justice Department [as an officer] under Section
9393 242.102 [or 243.052], Human Resources Code;
9494 (28) an officer appointed by the inspector general of
9595 the Texas Department of Criminal Justice under Section 493.019,
9696 Government Code;
9797 (29) an investigator commissioned by the Texas
9898 Commission on Law Enforcement under Section 1701.160, Occupations
9999 Code;
100100 (30) a fire marshal or any related officer, inspector,
101101 or investigator commissioned by a county under Subchapter B,
102102 Chapter 352, Local Government Code;
103103 (31) a fire marshal or any officer, inspector, or
104104 investigator commissioned by an emergency services district under
105105 Chapter 775, Health and Safety Code;
106106 (32) a fire marshal or any officer, inspector, or
107107 investigator of a municipality who holds a permanent peace officer
108108 license issued under Chapter 1701, Occupations Code;
109109 (33) an officer commissioned by the State Board of
110110 Dental Examiners under Section 254.013, Occupations Code, subject
111111 to the limitations imposed by that section; [and]
112112 (34) [(33)] an Alamo complex ranger commissioned by
113113 the General Land Office under Section 31.0515, Natural Resources
114114 Code, subject to the limitations imposed by that section; and
115115 (35) an investigator of the office of the inspector
116116 general of a municipality commissioned under Section 26.048, Local
117117 Government Code [investigator commissioned by the Texas Juvenile
118118 Justice Department as an officer under Section 221.011, Human
119119 Resources Code].
120120 (b) Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter
121121 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1,
122122 Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular
123123 Session, 2023, which amended Article 2.12, Code of Criminal
124124 Procedure, are repealed.
125125 SECTION 2. Subchapter C, Chapter 26, Local Government Code,
126126 is amended by adding Section 26.048 to read as follows:
127127 Sec. 26.048. OFFICE OF INSPECTOR GENERAL IN CERTAIN
128128 MUNICIPALITIES. (a) This section applies only to a municipality
129129 that:
130130 (1) has a population of more than 500,000; and
131131 (2) is primarily located in a county with a population
132132 of more than 2.5 million that is adjacent to a county with a
133133 population of more than 2 million.
134134 (b) The office of the inspector general of a municipality
135135 may investigate the operations of any agency, office, or department
136136 of the municipality, including the office of the city manager and
137137 the office of the city attorney, to prevent and detect:
138138 (1) serious breaches of municipal policy; and
139139 (2) fraud, abuse of office, and any other criminal
140140 activity.
141141 (c) The office of the city manager or the office of the city
142142 attorney may not impede:
143143 (1) the operations of the office of the inspector
144144 general; or
145145 (2) an investigator of the office of the inspector
146146 general commissioned as a peace officer under Subsection (d).
147147 (d) A municipality that has an office of the inspector
148148 general may commission as peace officers the investigators of that
149149 office.
150150 SECTION 3. To the extent of any conflict, this Act prevails
151151 over another Act of the 89th Legislature, Regular Session, 2025,
152152 relating to nonsubstantive additions to and corrections in enacted
153153 codes.
154154 SECTION 4. This Act takes effect September 1, 2025.