HBA-DMD H.B. 680 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 680
By: Allen
Public Safety
2/23/1999
Introduced



BACKGROUND AND PURPOSE 

Recently, the Department of Human Services (department) designated an
electronic benefit transfers (EBT)  food stamp trafficking department in
the Office of Inspector General.  The special agents assigned to the EBT
trafficking department are sometimes confronted with situations where
arrest powers would allow them to apprehend a suspect committing a felony
and seize evidence that is pertinent to that arrest.  However, since these
special agents lack arrest powers they must request that local law
enforcement officers make the arrest.  H.B. 680 authorizes the Commissioner
of Human Services to commission special agents as peace officers only if
the agent is a full-time employee of the department and the duties are
required to be performed by a commissioned peace officer. 

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 21.005, Human Resources Code, by adding
Subsection (d), to authorize the Commissioner of Human Services
(commissioner) to commission special agents as peace officers in order to
conduct fraud investigation and control.  Authorizes a special agent to be
commissioned as a peace officer only if the agent is a full-time employee
of the Texas Department of Human Services and the duties that the agent
will be undertaking are duties that are required to be performed by or with
the assistance of a commissioned peace officer. 

SECTION 2.  Amends Article 2.12, Code of Criminal Procedure, to include as
a peace officer a special agent commissioned by the commissioner under
Section 21.005. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.