89th Legislature Regular Session

SB 502

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 502 seeks to amend Article 2A.001 of the Texas Code of Criminal Procedure by adding peace officers commissioned by the Health and Human Services Commission’s (HHSC) Office of Inspector General to the list of recognized law enforcement personnel in the state. This designation grants these officers full peace officer authority, allowing them to investigate, detain, and enforce laws related to the commission’s jurisdiction, particularly concerning healthcare fraud, Medicaid compliance, and other regulatory matters.

If enacted, HHSC peace officers would gain similar authority as other law enforcement officials, such as sheriff’s deputies and municipal police officers.

The Committee Substitute for SB 502 builds upon the originally filed version by refining the scope and implementation of granting peace officer status to the Health and Human Services Commission’s (HHSC) Office of Inspector General (OIG). While both versions of the bill aim to include HHSC OIG officers in the list of recognized law enforcement personnel under Article 2A.001 of the Texas Code of Criminal Procedure, the committee substitute makes key adjustments to enhance clarity, accountability, and administrative oversight.

One of the most significant changes in the committee substitute is the explicit classification of HHSC OIG peace officers under Schedule C of the state’s position classification salary schedule, ensuring they receive compensation similar to other law enforcement officers. Additionally, the revised version amends sections of the Government Code (Sections 659.301 and 661.918) to clarify that these officers qualify for hazardous duty pay and other state employee benefits, aligning them with established law enforcement personnel. The original bill lacked these provisions, leaving questions about pay structure and employment benefits unanswered.

The committee substitute also introduces an expiration date for the classification review, requiring the state auditor’s classification officer to reassess HHSC OIG peace officer status by September 1, 2027. This provision adds an additional layer of oversight and ensures that the expansion of law enforcement authority is subject to evaluation. Furthermore, the revised bill delays the effective date to September 1, 2025, allowing time for administrative adjustments and budgetary planning. These changes strengthen the bill’s structure, ensuring better integration of HHSC OIG officers into the law enforcement framework while addressing concerns about government overreach and financial implications.
Author
Charles Perry
Fiscal Notes

The fiscal implications of SB 502 indicate a negative financial impact on the state's General Revenue funds, totaling approximately $3.58 million over the biennium ending August 31, 2027. This cost primarily arises from the reclassification of 37 positions within the Health and Human Services Commission’s (HHSC) Office of Inspector General (OIG) to Schedule C of the state’s classification salary schedule, which includes higher pay scales and additional benefits. The bill does not appropriate funds directly but establishes a legal framework for future appropriations.

For fiscal year 2026, the bill is expected to cost the state $2.06 million, followed by $1.52 million annually from 2027 through 2030. The increased salary and benefits account for $1.69 million per year in all funds, with a portion funded through General Revenue, Medicaid match funds, and federal funding sources. Additionally, a one-time technology upgrade cost of $612,419 is projected in 2026 for modifications to the Centralized Accounting and Payroll/Personnel System (CAPPS) to accommodate the classification changes.

While the bill introduces recurring costs, no significant fiscal impact is anticipated for local governments. The funding requirements primarily affect state-level appropriations, and the shift to Schedule C pay classification ensures parity with other law enforcement agencies in Texas. The legislature may need to adjust budget allocations to cover these expenses, particularly as they relate to law enforcement salaries and operational expenses within HHSC’s OIG.

Vote Recommendation Notes

SB 502 provides necessary and justified enhancements to the role and compensation of peace officers employed by the Health and Human Services Commission’s (HHSC) Office of Inspector General (OIG). These officers play a crucial role in investigating fraud, abuse, and exploitation within state health programs, as well as collaborating with other law enforcement agencies to enforce laws related to Medicaid fraud and misuse of state resources.

The bill ensures that OIG peace officers receive fair and competitive compensation by aligning their salaries with Schedule C of the state’s classification salary schedule, similar to other state law enforcement agencies. Currently, these officers earn 42% less than their counterparts, despite having an average of 27 years of experience and holding advanced certifications. By addressing this disparity, SB 502 will improve recruitment and retention of experienced personnel, strengthening the enforcement of critical healthcare regulations.

Additionally, the bill includes a technical amendment to formally recognize HHSC OIG officers in Article 2A.001 of the Texas Code of Criminal Procedure. This change does not expand their authority beyond existing responsibilities but clarifies their standing as official peace officers in the state. The fiscal impact, estimated at $3.58 million over the next biennium, is a necessary investment in ensuring the effectiveness of OIG investigations and maintaining the integrity of state health programs.

Given its focus on equity in compensation, enhanced enforcement capabilities, and the continued protection of public resources, Texas Policy Research recommends a YES vote on SB 502.

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