Davis Inspector General Bill’s Population Tests Likely Fit One City

The text as introduced · 1,125 words

89R15850 JCG-F

By: Y. Davis of Dallas
H.B. No. 3948

A BILL TO BE ENTITLED

AN ACT

relating to the office of inspector general of certain

municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) Article 2A.001, Code of Criminal Procedure,

is amended to conform to Section 2, Chapter 624 (H.B. 4372), Section

1, Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and

Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,

Regular Session, 2023, and is further 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 or

37.0818 , 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 officer appointed by the inspector general of

[ 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) a fire marshal or any officer, inspector, or

investigator of a municipality who holds a permanent peace officer

license issued under Chapter 1701, Occupations Code;

(33) 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 ]

(34) [ (33) ] an Alamo complex ranger commissioned by

the General Land Office under Section 31.0515, Natural Resources

Code, subject to the limitations imposed by that section; and

(35) an investigator of the office of the inspector

general of a municipality commissioned under Section 26.048, Local

Government Code [ investigator commissioned by the Texas Juvenile

Justice Department as an officer under Section 221.011, Human

Resources Code ].

(b) Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter

870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1,

Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular

Session, 2023, which amended Article 2.12, Code of Criminal

Procedure, are repealed.

SECTION 2. Subchapter C, Chapter 26, Local Government Code,

is amended by adding Section 26.048 to read as follows:

Sec. 26.048. OFFICE OF INSPECTOR GENERAL IN CERTAIN

MUNICIPALITIES. (a) This section applies only to a municipality

that:

(1) has a population of more than 500,000; and

(2) is primarily located in a county with a population

of more than 2.5 million that is adjacent to a county with a

population of more than 2 million.

(b) The office of the inspector general of a municipality

may investigate the operations of any agency, office, or department

of the municipality, including the office of the city manager and

the office of the city attorney, to prevent and detect:

(1) serious breaches of municipal policy; and

(2) fraud, abuse of office, and any other criminal

activity.

(c) The office of the city manager or the office of the city

attorney may not impede:

(1) the operations of the office of the inspector

general; or

(2) an investigator of the office of the inspector

general commissioned as a peace officer under Subsection (d).

(d) A municipality that has an office of the inspector

general may commission as peace officers the investigators of that

office.

SECTION 3. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 4. This Act takes effect September 1, 2025.