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A BILL TO BE ENTITLED
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AN ACT
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relating to peace officers commissioned by the Health and Human |
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Services Commission's office of inspector general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2A.001, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2A.001. PEACE OFFICERS GENERALLY. The following are |
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peace officers: |
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(1) a sheriff, a sheriff's deputy, or a reserve deputy |
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sheriff who holds a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) a constable, a deputy constable, or a reserve |
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deputy constable who holds a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) a marshal or police officer of a municipality or a |
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reserve municipal police officer who holds a permanent peace |
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officer license issued under Chapter 1701, Occupations Code; |
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(4) a ranger, officer, or member of the reserve |
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officer corps commissioned by the Public Safety Commission and the |
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director of the Department of Public Safety; |
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(5) an investigator of a district attorney's, criminal |
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district attorney's, or county attorney's office; |
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(6) a law enforcement agent of the Texas Alcoholic |
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Beverage Commission; |
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(7) a member of an arson investigating unit |
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commissioned by a municipality, a county, or the state; |
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(8) an officer commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) an officer commissioned by the Texas Facilities |
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Commission; |
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(10) a law enforcement officer commissioned by the |
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Parks and Wildlife Commission; |
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(11) an officer commissioned under Chapter 23, |
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Transportation Code; |
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(12) a municipal park and recreational patrol officer |
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or security officer; |
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(13) a security officer or investigator commissioned |
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as a peace officer by the comptroller; |
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(14) an officer commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(15) an officer commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(16) an investigator commissioned by the Texas Medical |
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Board; |
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(17) an officer commissioned by: |
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(A) the board of managers of the Dallas County |
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Hospital District, the Tarrant County Hospital District, the Bexar |
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County Hospital District, or the El Paso County Hospital District |
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under Section 281.057, Health and Safety Code; |
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(B) the board of directors of the Ector County |
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Hospital District under Section 1024.117, Special District Local |
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Laws Code; |
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(C) the board of directors of the Midland County |
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Hospital District of Midland County, Texas, under Section 1061.121, |
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Special District Local Laws Code; or |
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(D) the board of hospital managers of the Lubbock |
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County Hospital District of Lubbock County, Texas, under Section |
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1053.113, Special District Local Laws Code; |
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(18) a county park ranger commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(19) an investigator employed by the Texas Racing |
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Commission; |
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(20) an officer commissioned under Chapter 554, |
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Occupations Code; |
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(21) an officer commissioned by the governing body of |
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a metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or a regional transportation authority under |
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Section 452.110, Transportation Code; |
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(22) an investigator commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(23) a security officer or investigator commissioned |
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as a peace officer under Chapter 466, Government Code; |
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(24) an officer appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(25) an officer commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(26) an investigator commissioned by the commissioner |
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of insurance under Section 701.104, Insurance Code; |
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(27) an apprehension specialist or inspector general |
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commissioned by the Texas Juvenile Justice Department as an officer |
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under Section 242.102 or 243.052, Human Resources Code; |
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(28) an officer appointed by the inspector general of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(29) an investigator commissioned by the Texas |
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Commission on Law Enforcement under Section 1701.160, Occupations |
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Code; |
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(30) a fire marshal or any related officer, inspector, |
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or investigator commissioned by a county under Subchapter B, |
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Chapter 352, Local Government Code; |
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(31) a fire marshal or any officer, inspector, or |
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investigator commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; |
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(32) an officer commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section; [and] |
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(33) an investigator commissioned by the Texas |
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Juvenile Justice Department as an officer under Section 221.011, |
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Human Resources Code; and |
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(34) an officer commissioned and employed by the |
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Health and Human Services Commission's office of inspector general. |
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SECTION 2. Section 544.0107, Government Code, as effective |
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April 1, 2025, is amended by adding Subsection (d) to read as |
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follows: |
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(d) The office of inspector general shall ensure a peace |
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officer employed under this section is compensated according to |
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Schedule C of the position classification salary schedule |
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prescribed by the General Appropriations Act. |
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SECTION 3. Section 659.301(5), Government Code, is amended |
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to read as follows: |
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(5) "State employee" means an individual who: |
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(A) is a commissioned law enforcement officer of |
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the Department of Public Safety, the Texas Facilities Commission, |
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the Texas Alcoholic Beverage Commission, the Texas Department of |
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Criminal Justice, the attorney general, [or] the insurance fraud |
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unit of the Texas Department of Insurance, or the Health and Human |
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Services Commission's office of inspector general; |
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(B) is a commissioned security officer of the |
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comptroller; |
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(C) is a law enforcement officer commissioned by |
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the Parks and Wildlife Commission; |
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(D) is a commissioned peace officer of an |
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institution of higher education; |
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(E) is an employee or official of the Board of |
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Pardons and Paroles or the parole division of the Texas Department |
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of Criminal Justice if the employee or official has routine direct |
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contact with inmates of any penal or correctional institution or |
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with administratively released prisoners subject to the board's |
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jurisdiction; |
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(F) has been certified to the Employees |
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Retirement System of Texas under Section 815.505 as having begun |
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employment as a law enforcement officer or custodial officer, |
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unless the individual has been certified to the system as having |
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ceased employment as a law enforcement officer or custodial |
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officer; |
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(G) before May 29, 1987, received hazardous duty |
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pay based on the terms of any state law if the individual holds a |
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position designated under that law as eligible for the pay; or |
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(H) is a security officer employed by the Texas |
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Military Department. |
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SECTION 4. Section 661.918(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies to a peace officer under Article |
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2A.001, Code of Criminal Procedure, who is commissioned as a law |
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enforcement officer or agent, including a ranger, by: |
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(1) the Public Safety Commission and the director of |
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the Department of Public Safety; |
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(2) the Parks and Wildlife Commission; |
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(3) the Texas Alcoholic Beverage Commission; |
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(4) the attorney general; or |
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(5) the insurance fraud unit of the Texas Department |
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of Insurance; [or] |
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(6) the comptroller; or |
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(7) the Health and Human Services Commission's office |
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of inspector general. |
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SECTION 5. (a) The classification officer in the office of |
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the state auditor shall classify the position of commissioned peace |
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officer employed as an investigator by the Health and Human |
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Services Commission's office of inspector general as a Schedule C |
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position under the position classification plan maintained under |
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Chapter 654, Government Code. |
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(b) The change made by the classification officer as |
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required by this section applies beginning with the state fiscal |
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biennium beginning September 1, 2025. |
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(c) This section expires September 1, 2027. |
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SECTION 6. Section 661.918(a), Government Code, as amended |
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by this Act, applies only to an injury that occurs on or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2025. |