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

89(R) HB 3177 - Engrossed version - Bill Text

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 the agency responsible for

investigating alleged misconduct committed by the agency's peace

officers, including an internal affairs unit or public integrity

unit.

(d)

The office of the inspector general shall report any

findings resulting from an investigation conducted by the office to

the district attorney, criminal district attorney, or county

attorney, as appropriate.

(e)

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 (b).

SECTION 4. 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 5. This Act takes effect September 1, 2025.