HBA-RBT H.B. 525 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 525
By: McReynolds
Public Safety
5/20/1999
Enrolled



BACKGROUND AND PURPOSE 

Formerly, special agents and law enforcement officers of the National
Forest Service had the right to arrest and search a person if they had
probable cause to believe a felony had been committed. H.B. 525 limits
these officers to the powers of arrest, search and seizure as to any crime
committed in a national forest. 

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 Article 2.122, Code of Criminal Procedure, by amending
Subsection (a), and adding Subsection (d), as follows: 

(a) Removes Special Agents and Law Enforcement Officers of the United
States Forest Service from the list of criminal investigators of the United
States who are not peace officers but have the power of arrest, search and
seizure as to felony offenses under the laws of the State of Texas.
Redesignates Subdivisions (8)-(12) to (7)-(11). 

(d) Provides that a Special Agent or Law Enforcement Officer of the United
States Forest Service is not a peace officer, except that such an agent or
officer has the powers of arrest, search, and seizure as to any violation
of Texas law committed within the National Forest System.  Provides that
"National Forest System" has the meaning assigned by 16 U.S.C. Section
1609, which defines it as including "all national forest lands reserved or
withdrawn from the public domain of the United States, all national forest
lands acquired through purchase, exchange, donation, or other means, the
national grasslands and land utilization projects administered under title
III of the Bankhead-Jones Farm Tenant Act [7 U.S.C.A. Section 1010 et
seq.], and other lands, waters, or interests therein which are administered
by the Forest Service or are designated for administration through the
Forest Service as a part of the system." 

SECTION 2.  Emergency clause.
  Effective date: upon passage.