HB3177 - Relating to the office of inspector general in certain municipalities and the investigators of those offices.

      By: Anchía, Meyer, Garcia Hernandez, Button H.B. No. 3177       A BILL TO BE ENTITLED   AN ACT   relating to the office of inspector general in certain   municipalities and the investigators of those offices.          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 341.907, 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.  Article 18B.001(1), Code of Criminal Procedure,   as amended by Chapters 901 (H.B. 4906) and 950 (S.B. 1727), Acts of   the 88th Legislature, Regular Session, 2023, is reenacted and   amended to read as follows:                (1)  "Authorized peace officer" means:                      (A)  a sheriff or deputy sheriff;                      (B)  a constable or deputy constable;                      (C)  a marshal or police officer of a   municipality;                      (D)  a ranger or officer commissioned by the   Public Safety Commission or the director of the department;                      (E)  an investigator of a prosecutor's office;                      (F)  a law enforcement agent of the Texas   Alcoholic Beverage Commission;                      (G)  a law enforcement officer commissioned by the   Parks and Wildlife Commission;                      (H)  an enforcement officer appointed by the   inspector general of the Texas Department of Criminal Justice under   Section 493.019, Government Code;                      (I)  a law enforcement officer appointed by the   inspector general of the Texas Juvenile Justice Department under   Section 242.102, Human Resources Code;                      (J)  an investigator commissioned by the attorney   general under Section 402.009, Government Code;                      (K)  a member of an arson investigating unit   commissioned by a municipality, a county, or the state; [ or ]                       (L)  [ (K) ]  a peace officer commissioned under   Section 37.081 or 51.203, Education Code ; or                       (M)     an investigator of the office of the   inspector general of a municipality commissioned under Section   341.907, Local Government Code .          SECTION 3.  Subchapter Z, Chapter 341, Local Government   Code, is amended by adding Section 341.907 to read as follows:           Sec.   341.907.     OFFICE OF INSPECTOR GENERAL IN CERTAIN   MUNICIPALITIES. (a) This section applies only to a municipality   that has a population of more than 1.2 million.           (b)     A municipality that has an office of the inspector   general may commission as peace officers the investigators of that   office.           (c)     Notwithstanding any other law, an office of the   inspector general described by Subsection (b) or an investigator of   that office may not investigate alleged misconduct committed by a   peace officer if the law enforcement agency employing the peace   officer maintains a unit within th [Text truncated for display. Full text available on Congress.gov.]