HBA-TYH H.B. 1121 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1121 By: Counts Public Safety 5/25/1999 Enrolled BACKGROUND AND PURPOSE Recently, the El Paso Court of Appeals dismissed a case involving drug smuggling because the officer making the arrest was not included within the definition of "law enforcement officer" in Section 362.001 (Definitions), Local Government Code. The arresting officer was an investigator for the district attorney's (DA) office, assigned exclusively to the Permian Basin Task Force. The three investigators of the DA's office for the 259th Judicial District are assigned in a similarly exclusive manner to the West Central Texas Auto Theft Task Force, which covers a 20 county area. Operating under the present definition of "law enforcement officer," these investigators can only make arrests in two counties. The investigators will be more effective in fulfilling their assignments if they can make arrests in all 20 counties. H.B. 1121 includes the investigator for the DA's office in the definition of "law enforcement officer" in Section 362.001(2), Local Government Code, and includes the investigator of the DA's office in Section 14.03(g) (Authority of Peace Officers), Code of Criminal Procedure,. This gives the investigators in the DA's office the ability to complete the assigned tasks from the arrest procedure to prosecution in the court system. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 362.001(2), Local Government Code to include investigator of a district attorney's, criminal attorney's, or county attorney's office in the definition of "law enforcement officer." SECTION 2. Amends Article 14.03(g), Code of Criminal Procedure, to include a peace officer, who is listed in Subdivision (5) (investigators of district, criminal, or county attorney's offices), Article 2.12, and who meets other specified requirements, in the list of peace officers authorized to arrest without a warrant. Provides for the exception that an officer who is outside the officer's jurisdiction is authorized to arrest a person for a violation of Subtitle C (Rules of the Road), Title 7, Transportation Code, rather than Article 6701d (Uniform Act Regulating Traffic on Highways), V.T.C.S., only if the officer is listed in Subdivision (4) (rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety), Article 2.12. SECTION 3.Emergency Clause. Effective date: upon passage.