Texas 2025 - 89th Regular

Texas Senate Bill SB502 Compare Versions

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11 By: Perry S.B. No. 502
2- (Orr, Manuel)
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76 A BILL TO BE ENTITLED
87 AN ACT
98 relating to peace officers commissioned by the Health and Human
109 Services Commission's office of inspector general.
1110 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1211 SECTION 1. Article 2A.001, Code of Criminal Procedure, is
1312 amended to read as follows:
1413 Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
1514 peace officers:
1615 (1) a sheriff, a sheriff's deputy, or a reserve deputy
1716 sheriff who holds a permanent peace officer license issued under
1817 Chapter 1701, Occupations Code;
1918 (2) a constable, a deputy constable, or a reserve
2019 deputy constable who holds a permanent peace officer license issued
2120 under Chapter 1701, Occupations Code;
2221 (3) a marshal or police officer of a municipality or a
2322 reserve municipal police officer who holds a permanent peace
2423 officer license issued under Chapter 1701, Occupations Code;
2524 (4) a ranger, officer, or member of the reserve
2625 officer corps commissioned by the Public Safety Commission and the
2726 director of the Department of Public Safety;
2827 (5) an investigator of a district attorney's, criminal
2928 district attorney's, or county attorney's office;
3029 (6) a law enforcement agent of the Texas Alcoholic
3130 Beverage Commission;
3231 (7) a member of an arson investigating unit
3332 commissioned by a municipality, a county, or the state;
3433 (8) an officer commissioned under Section 37.081,
3534 Education Code, or Subchapter E, Chapter 51, Education Code;
3635 (9) an officer commissioned by the Texas Facilities
3736 Commission;
3837 (10) a law enforcement officer commissioned by the
3938 Parks and Wildlife Commission;
4039 (11) an officer commissioned under Chapter 23,
4140 Transportation Code;
4241 (12) a municipal park and recreational patrol officer
4342 or security officer;
4443 (13) a security officer or investigator commissioned
4544 as a peace officer by the comptroller;
4645 (14) an officer commissioned by a water control and
4746 improvement district under Section 49.216, Water Code;
4847 (15) an officer commissioned by a board of trustees
4948 under Chapter 54, Transportation Code;
5049 (16) an investigator commissioned by the Texas Medical
5150 Board;
5251 (17) an officer commissioned by:
5352 (A) the board of managers of the Dallas County
5453 Hospital District, the Tarrant County Hospital District, the Bexar
5554 County Hospital District, or the El Paso County Hospital District
5655 under Section 281.057, Health and Safety Code;
5756 (B) the board of directors of the Ector County
5857 Hospital District under Section 1024.117, Special District Local
5958 Laws Code;
6059 (C) the board of directors of the Midland County
6160 Hospital District of Midland County, Texas, under Section 1061.121,
6261 Special District Local Laws Code; or
6362 (D) the board of hospital managers of the Lubbock
6463 County Hospital District of Lubbock County, Texas, under Section
6564 1053.113, Special District Local Laws Code;
6665 (18) a county park ranger commissioned under
6766 Subchapter E, Chapter 351, Local Government Code;
6867 (19) an investigator employed by the Texas Racing
6968 Commission;
7069 (20) an officer commissioned under Chapter 554,
7170 Occupations Code;
7271 (21) an officer commissioned by the governing body of
7372 a metropolitan rapid transit authority under Section 451.108,
7473 Transportation Code, or a regional transportation authority under
7574 Section 452.110, Transportation Code;
7675 (22) an investigator commissioned by the attorney
7776 general under Section 402.009, Government Code;
7877 (23) a security officer or investigator commissioned
7978 as a peace officer under Chapter 466, Government Code;
8079 (24) an officer appointed by an appellate court under
8180 Subchapter F, Chapter 53, Government Code;
8281 (25) an officer commissioned by the state fire marshal
8382 under Chapter 417, Government Code;
8483 (26) an investigator commissioned by the commissioner
8584 of insurance under Section 701.104, Insurance Code;
8685 (27) an apprehension specialist or inspector general
8786 commissioned by the Texas Juvenile Justice Department as an officer
8887 under Section 242.102 or 243.052, Human Resources Code;
8988 (28) an officer appointed by the inspector general of
9089 the Texas Department of Criminal Justice under Section 493.019,
9190 Government Code;
9291 (29) an investigator commissioned by the Texas
9392 Commission on Law Enforcement under Section 1701.160, Occupations
9493 Code;
9594 (30) a fire marshal or any related officer, inspector,
9695 or investigator commissioned by a county under Subchapter B,
9796 Chapter 352, Local Government Code;
9897 (31) a fire marshal or any officer, inspector, or
9998 investigator commissioned by an emergency services district under
10099 Chapter 775, Health and Safety Code;
101100 (32) an officer commissioned by the State Board of
102101 Dental Examiners under Section 254.013, Occupations Code, subject
103102 to the limitations imposed by that section; [and]
104103 (33) an investigator commissioned by the Texas
105104 Juvenile Justice Department as an officer under Section 221.011,
106105 Human Resources Code; and
107106 (34) an officer commissioned and employed by the
108107 Health and Human Services Commission's office of inspector general.
109108 SECTION 2. Section 544.0107, Government Code, as effective
110109 April 1, 2025, is amended by adding Subsection (d) to read as
111110 follows:
112111 (d) The office of inspector general shall ensure a peace
113112 officer employed under this section is compensated according to
114113 Schedule C of the position classification salary schedule
115114 prescribed by the General Appropriations Act.
116115 SECTION 3. Section 659.301(5), Government Code, is amended
117116 to read as follows:
118117 (5) "State employee" means an individual who:
119118 (A) is a commissioned law enforcement officer of
120119 the Department of Public Safety, the Texas Facilities Commission,
121120 the Texas Alcoholic Beverage Commission, the Texas Department of
122121 Criminal Justice, the attorney general, [or] the insurance fraud
123122 unit of the Texas Department of Insurance, or the Health and Human
124123 Services Commission's office of inspector general;
125124 (B) is a commissioned security officer of the
126125 comptroller;
127126 (C) is a law enforcement officer commissioned by
128127 the Parks and Wildlife Commission;
129128 (D) is a commissioned peace officer of an
130129 institution of higher education;
131130 (E) is an employee or official of the Board of
132131 Pardons and Paroles or the parole division of the Texas Department
133132 of Criminal Justice if the employee or official has routine direct
134133 contact with inmates of any penal or correctional institution or
135134 with administratively released prisoners subject to the board's
136135 jurisdiction;
137136 (F) has been certified to the Employees
138137 Retirement System of Texas under Section 815.505 as having begun
139138 employment as a law enforcement officer or custodial officer,
140139 unless the individual has been certified to the system as having
141140 ceased employment as a law enforcement officer or custodial
142141 officer;
143142 (G) before May 29, 1987, received hazardous duty
144143 pay based on the terms of any state law if the individual holds a
145144 position designated under that law as eligible for the pay; or
146145 (H) is a security officer employed by the Texas
147146 Military Department.
148147 SECTION 4. Section 661.918(a), Government Code, is amended
149148 to read as follows:
150149 (a) This section applies to a peace officer under Article
151150 2A.001, Code of Criminal Procedure, who is commissioned as a law
152151 enforcement officer or agent, including a ranger, by:
153152 (1) the Public Safety Commission and the director of
154153 the Department of Public Safety;
155154 (2) the Parks and Wildlife Commission;
156155 (3) the Texas Alcoholic Beverage Commission;
157156 (4) the attorney general;
158157 (5) the insurance fraud unit of the Texas Department
159158 of Insurance; [or]
160159 (6) the comptroller; or
161160 (7) the Health and Human Services Commission's office
162161 of inspector general.
163162 SECTION 5. (a) The classification officer in the office of
164163 the state auditor shall classify the position of commissioned peace
165164 officer employed as an investigator by the Health and Human
166165 Services Commission's office of inspector general as a Schedule C
167166 position under the position classification plan maintained under
168167 Chapter 654, Government Code.
169168 (b) The change made by the classification officer as
170169 required by this section applies beginning with the state fiscal
171170 biennium beginning September 1, 2025.
172171 (c) This section expires September 1, 2027.
173172 SECTION 6. Section 661.918(a), Government Code, as amended
174173 by this Act, applies only to an injury that occurs on or after the
175174 effective date of this Act.
176175 SECTION 7. It is the intent of the 89th Legislature, Regular
177176 Session, 2025, that the amendments made by this Act to Article
178177 2A.001, Code of Criminal Procedure, be harmonized with another Act
179178 of the 89th Legislature, Regular Session, 2025, relating to
180179 nonsubstantive additions to and corrections in enacted codes.
181180 SECTION 8. This Act takes effect September 1, 2025.