bill making Health and Human Services investigators peace officers

The text as introduced · 1,260 words

2025S0007-1 11/22/24

By: Orr
H.B. No. 4419

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; or

(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. This Act takes effect September 1, 2025.