88R12610 JG-F     By: Kolkhorst S.B. No. 1698       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 2.12, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace   officers:                (1)  sheriffs, their deputies, and those reserve   deputies who hold a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  constables, deputy constables, and those reserve   deputy constables who hold a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  marshals or police officers of an incorporated   city, town, or village, and those reserve municipal police officers   who hold a permanent peace officer license issued under Chapter   1701, Occupations Code;                (4)  rangers, officers, and members of the reserve   officer corps commissioned by the Public Safety Commission and the   Director of the Department of Public Safety;                (5)  investigators of the district attorneys', criminal   district attorneys', and county attorneys' offices;                (6)  law enforcement agents of the Texas Alcoholic   Beverage Commission;                (7)  each member of an arson investigating unit   commissioned by a city, a county, or the state;                (8)  officers commissioned under Section 37.081,   Education Code, or Subchapter E, Chapter 51, Education Code;                (9)  officers commissioned by the General Services   Commission;                (10)  law enforcement officers commissioned by the   Parks and Wildlife Commission;                (11)  officers commissioned under Chapter 23,   Transportation Code;                (12)  municipal park and recreational patrolmen and   security officers;                (13)  security officers and investigators commissioned   as peace officers by the comptroller;                (14)  officers commissioned by a water control and   improvement district under Section 49.216, Water Code;                (15)  officers commissioned by a board of trustees   under Chapter 54, Transportation Code;                (16)  investigators commissioned by the Texas Medical   Board;                (17)  officers 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; and                      (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)  county park rangers commissioned under   Subchapter E, Chapter 351, Local Government Code;                (19)  investigators employed by the Texas Racing   Commission;                (20)  officers commissioned under Chapter 554,   Occupations Code;                (21)  officers commissioned by the governing body of a   metropolitan rapid transit authority under Section 451.108,   Transportation Code, or by a regional transportation authority   under Section 452.110, Transportation Code;                (22)  investigators commissioned by the attorney   general under Section 402.009, Government Code;                (23)  security officers and investigators commissioned   as peace officers under Chapter 466, Government Code;                (24)  officers appointed by an appellate court under   Subchapter F, Chapter 53, Government Code;                (25)  officers 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)  apprehension specialists and inspectors general   commissioned by the Texas Juvenile Justice Department as officers   under Sections 242.102 and 243.052, Human Resources Code;                (28)  officers appointed by the inspector general of   the Texas Department of Criminal Justice under Section 493.019,   Government Code;                (29)  investigators commissioned by the Texas   Commission on Law Enforcement under Section 1701.160, Occupations   Code;                (30)  commission investigators commissioned by the   Texas Private Security Board under Section 1702.061, Occupations   Code;                (31)  the fire marshal and any officers, inspectors, or   investigators commissioned by an emergency services district under   Chapter 775, Health and Safety Code;                (32)  officers commissioned by the State Board of   Dental Examiners under Section 254.013, Occupations Code, subject   to the limitations imposed by that section;                (33)  investigators commissioned by the Texas Juvenile   Justice Department as officers under Section 221.011, Human   Resources Code; [and]                (34)  the fire marshal and any related officers,   inspectors, or investigators commissioned by a county under   Subchapter B, Chapter 352, Local Government Code; and                (35)  commissioned officers employed by the Health and   Human Services Commission's office of inspector general.          SECTION 2.  Section 531.1022, Government Code, is amended by   amending Subsections (a), (b), and (d) and adding Subsections (b-1)   and (e) to read as follows:          (a)  The commission's office of inspector general shall   employ and commission [not more than five] peace officers [at any   given time] for the purpose of assisting the office in carrying out   the office's duties [of the office] relating to:                (1)  assisting a state or local law enforcement agency   in the investigation of an alleged criminal offense involving:                      (A)  a state hospital patient; or                      (B)  a state supported living center client or   resident; and                (2)  the investigation of fraud, waste, and abuse   under:                      (A)  [in] Medicaid; or                      (B)  the supplemental nutrition assistance   program under Chapter 33, Human Resources Code.          (b)  Peace officers employed under this section to   investigate fraud, waste, and abuse under Medicaid:                (1)  may not exceed five in number at any given time;   and                (2)  are administratively attached to the Department of   Public Safety.          (b-1)  The commission shall provide administrative support   to the Department of Public Safety as [department] necessary to   support peace officer assignments [the assignment of peace officers   employed] under Subsection (b)(2) [this section].          (d)  The commission's office of inspector general [A peace   officer employed and commissioned under this section] shall obtain   prior approval from the office of the attorney general before a   peace officer employed under Subsection (b) carries [carrying] out   any duties requiring peace officer status.          (e)  The commission's 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   2.12, 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 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, 2023.          (c)  This section expires September 1, 2025.          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.  If before implementing any provision of this Act   a state agency determines that any other waiver or authorization   from a federal agency is necessary for implementation of that   provision, the agency affected by the provision shall request the   waiver or authorization and may delay implementing that provision   until the waiver or authorization is granted.          SECTION 8.  This Act takes effect September 1, 2023.