By: Perry S.B. No. 502
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 2A.001, Code of Criminal Procedure, is
amended to read as follows:
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic
Beverage Commission;
(7) a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) an officer commissioned by the Texas Facilities
Commission;
(10) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23,
Transportation Code;
(12) a municipal park and recreational patrol officer
or security officer;
(13) a security officer or investigator commissioned
as a peace officer by the comptroller;
(14) an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical
Board;
(17) an officer 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; or
(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) a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing
Commission;
(20) an officer commissioned under Chapter 554,
Occupations Code;
(21) an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) an officer 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) an apprehension specialist or inspector general
commissioned by the Texas Juvenile Justice Department as an officer
under Section 242.102 or 243.052, Human Resources Code;
(28) an officer appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; [and]
(33) an investigator commissioned by the Texas
Juvenile Justice Department as an officer under Section 221.011,
Human Resources Code; and
(34) an officer commissioned and employed by the
Health and Human Services Commission's office of inspector general.
SECTION 2. Section 544.0107, Government Code, as effective
April 1, 2025, is amended by adding Subsection (d) to read as
follows:
(d) The 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
2A.001, 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;
(5) the insurance fraud unit of the Texas Department
of Insurance; [or]
(6) the comptroller; or
(7) 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, 2025.
(c) This section expires September 1, 2027.
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. It is the intent of the 89th Legislature, Regular
Session, 2025, that the amendments made by this Act to Article
2A.001, Code of Criminal Procedure, be harmonized with another Act
of the 89th Legislature, Regular Session, 2025, relating to
nonsubstantive additions to and corrections in enacted codes.
SECTION 8. This Act takes effect September 1, 2025.