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89(R) HB 3948 - House Committee Report version - Bill Text
89R23341 JCG-D
By: Y. Davis of Dallas, Anchía
H.B. No. 3948
Substitute the following for H.B. No. 3948:
By: Bell of Montgomery
C.S.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. 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
26.048, Local Government Code
.
SECTION 3. 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 inspector general shall report any
findings resulting from an investigation under Subsection (b) or
other law to the district attorney, criminal district attorney, or
county attorney, as appropriate.
That prosecuting attorney shall
review the findings and determine whether further action is
warranted.
(d)
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 (e).
(e)
A municipality that has an office of the inspector
general may commission as peace officers the investigators of that
office.
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.