Texas 2025 - 89th Regular

Texas House Bill HB4419 Compare Versions

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11 2025S0007-1 11/22/24
22 By: Orr H.B. No. 4419
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to peace officers commissioned by the Health and Human
1010 Services Commission's office of inspector general.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Article 2A.001, Code of Criminal Procedure, is
1313 amended to read as follows:
1414 Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
1515 peace officers:
1616 (1) a sheriff, a sheriff's deputy, or a reserve deputy
1717 sheriff who holds a permanent peace officer license issued under
1818 Chapter 1701, Occupations Code;
1919 (2) a constable, a deputy constable, or a reserve
2020 deputy constable who holds a permanent peace officer license issued
2121 under Chapter 1701, Occupations Code;
2222 (3) a marshal or police officer of a municipality or a
2323 reserve municipal police officer who holds a permanent peace
2424 officer license issued under Chapter 1701, Occupations Code;
2525 (4) a ranger, officer, or member of the reserve
2626 officer corps commissioned by the Public Safety Commission and the
2727 director of the Department of Public Safety;
2828 (5) an investigator of a district attorney's, criminal
2929 district attorney's, or county attorney's office;
3030 (6) a law enforcement agent of the Texas Alcoholic
3131 Beverage Commission;
3232 (7) a member of an arson investigating unit
3333 commissioned by a municipality, a county, or the state;
3434 (8) an officer commissioned under Section 37.081,
3535 Education Code, or Subchapter E, Chapter 51, Education Code;
3636 (9) an officer commissioned by the Texas Facilities
3737 Commission;
3838 (10) a law enforcement officer commissioned by the
3939 Parks and Wildlife Commission;
4040 (11) an officer commissioned under Chapter 23,
4141 Transportation Code;
4242 (12) a municipal park and recreational patrol officer
4343 or security officer;
4444 (13) a security officer or investigator commissioned
4545 as a peace officer by the comptroller;
4646 (14) an officer commissioned by a water control and
4747 improvement district under Section 49.216, Water Code;
4848 (15) an officer commissioned by a board of trustees
4949 under Chapter 54, Transportation Code;
5050 (16) an investigator commissioned by the Texas Medical
5151 Board;
5252 (17) an officer commissioned by:
5353 (A) the board of managers of the Dallas County
5454 Hospital District, the Tarrant County Hospital District, the Bexar
5555 County Hospital District, or the El Paso County Hospital District
5656 under Section 281.057, Health and Safety Code;
5757 (B) the board of directors of the Ector County
5858 Hospital District under Section 1024.117, Special District Local
5959 Laws Code;
6060 (C) the board of directors of the Midland County
6161 Hospital District of Midland County, Texas, under Section 1061.121,
6262 Special District Local Laws Code; or
6363 (D) the board of hospital managers of the Lubbock
6464 County Hospital District of Lubbock County, Texas, under Section
6565 1053.113, Special District Local Laws Code;
6666 (18) a county park ranger commissioned under
6767 Subchapter E, Chapter 351, Local Government Code;
6868 (19) an investigator employed by the Texas Racing
6969 Commission;
7070 (20) an officer commissioned under Chapter 554,
7171 Occupations Code;
7272 (21) an officer commissioned by the governing body of
7373 a metropolitan rapid transit authority under Section 451.108,
7474 Transportation Code, or a regional transportation authority under
7575 Section 452.110, Transportation Code;
7676 (22) an investigator commissioned by the attorney
7777 general under Section 402.009, Government Code;
7878 (23) a security officer or investigator commissioned
7979 as a peace officer under Chapter 466, Government Code;
8080 (24) an officer appointed by an appellate court under
8181 Subchapter F, Chapter 53, Government Code;
8282 (25) an officer commissioned by the state fire marshal
8383 under Chapter 417, Government Code;
8484 (26) an investigator commissioned by the commissioner
8585 of insurance under Section 701.104, Insurance Code;
8686 (27) an apprehension specialist or inspector general
8787 commissioned by the Texas Juvenile Justice Department as an officer
8888 under Section 242.102 or 243.052, Human Resources Code;
8989 (28) an officer appointed by the inspector general of
9090 the Texas Department of Criminal Justice under Section 493.019,
9191 Government Code;
9292 (29) an investigator commissioned by the Texas
9393 Commission on Law Enforcement under Section 1701.160, Occupations
9494 Code;
9595 (30) a fire marshal or any related officer, inspector,
9696 or investigator commissioned by a county under Subchapter B,
9797 Chapter 352, Local Government Code;
9898 (31) a fire marshal or any officer, inspector, or
9999 investigator commissioned by an emergency services district under
100100 Chapter 775, Health and Safety Code;
101101 (32) an officer commissioned by the State Board of
102102 Dental Examiners under Section 254.013, Occupations Code, subject
103103 to the limitations imposed by that section; [and]
104104 (33) an investigator commissioned by the Texas
105105 Juvenile Justice Department as an officer under Section 221.011,
106106 Human Resources Code; and
107107 (34) an officer commissioned and employed by the
108108 Health and Human Services Commission's office of inspector general.
109109 SECTION 2. Section 544.0107, Government Code, as effective
110110 April 1, 2025, is amended by adding Subsection (d) to read as
111111 follows:
112112 (d) The office of inspector general shall ensure a peace
113113 officer employed under this section is compensated according to
114114 Schedule C of the position classification salary schedule
115115 prescribed by the General Appropriations Act.
116116 SECTION 3. Section 659.301(5), Government Code, is amended
117117 to read as follows:
118118 (5) "State employee" means an individual who:
119119 (A) is a commissioned law enforcement officer of
120120 the Department of Public Safety, the Texas Facilities Commission,
121121 the Texas Alcoholic Beverage Commission, the Texas Department of
122122 Criminal Justice, the attorney general, [or] the insurance fraud
123123 unit of the Texas Department of Insurance, or the Health and Human
124124 Services Commission's office of inspector general;
125125 (B) is a commissioned security officer of the
126126 comptroller;
127127 (C) is a law enforcement officer commissioned by
128128 the Parks and Wildlife Commission;
129129 (D) is a commissioned peace officer of an
130130 institution of higher education;
131131 (E) is an employee or official of the Board of
132132 Pardons and Paroles or the parole division of the Texas Department
133133 of Criminal Justice if the employee or official has routine direct
134134 contact with inmates of any penal or correctional institution or
135135 with administratively released prisoners subject to the board's
136136 jurisdiction;
137137 (F) has been certified to the Employees
138138 Retirement System of Texas under Section 815.505 as having begun
139139 employment as a law enforcement officer or custodial officer,
140140 unless the individual has been certified to the system as having
141141 ceased employment as a law enforcement officer or custodial
142142 officer;
143143 (G) before May 29, 1987, received hazardous duty
144144 pay based on the terms of any state law if the individual holds a
145145 position designated under that law as eligible for the pay; or
146146 (H) is a security officer employed by the Texas
147147 Military Department.
148148 SECTION 4. Section 661.918(a), Government Code, is amended
149149 to read as follows:
150150 (a) This section applies to a peace officer under Article
151151 2A.001, Code of Criminal Procedure, who is commissioned as a law
152152 enforcement officer or agent, including a ranger, by:
153153 (1) the Public Safety Commission and the director of
154154 the Department of Public Safety;
155155 (2) the Parks and Wildlife Commission;
156156 (3) the Texas Alcoholic Beverage Commission;
157157 (4) the attorney general; or
158158 (5) the insurance fraud unit of the Texas Department
159159 of Insurance; [or]
160160 (6) the comptroller; or
161161 (7) the Health and Human Services Commission's office
162162 of inspector general.
163163 SECTION 5. (a) The classification officer in the office of
164164 the state auditor shall classify the position of commissioned peace
165165 officer employed as an investigator by the Health and Human
166166 Services Commission's office of inspector general as a Schedule C
167167 position under the position classification plan maintained under
168168 Chapter 654, Government Code.
169169 (b) The change made by the classification officer as
170170 required by this section applies beginning with the state fiscal
171171 biennium beginning September 1, 2025.
172172 (c) This section expires September 1, 2027.
173173 SECTION 6. Section 661.918(a), Government Code, as amended
174174 by this Act, applies only to an injury that occurs on or after the
175175 effective date of this Act.
176176 SECTION 7. This Act takes effect September 1, 2025.