HB 1866

Overall Vote Recommendation
No
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
negative
Individual Liberty
Digest
HB 1866 amends the Texas Code of Criminal Procedure to clarify the law enforcement authority of federal National Park Service (NPS) officers operating within the state. While it affirms that these officers are not Texas peace officers under state law, the bill explicitly grants them limited authority to enforce Texas laws within national parks and national recreation areas. These powers include making arrests, conducting searches and seizures for state law violations within these designated federal lands, and executing arrest and search warrants issued under Texas law.

Additionally, HB 1866 extends to NPS officers the mental health-related authority typically reserved for peace officers under Chapters 573 and 574 of the Texas Health and Safety Code. These provisions allow officers to take individuals into protective custody during mental health crises or emergencies when certain conditions are met. This ensures that NPS officers can respond appropriately to behavioral health incidents within park boundaries.

The bill defines “national park or national recreation area” as those within the National Park System, as outlined in federal law, and specifies that the legislation will take effect on September 1, 2025, unless it receives the constitutionally required two-thirds vote in each legislative chamber for immediate effect. HB 1866 ensures intergovernmental clarity and improves public safety by empowering federal officers to enforce certain state laws within the limited scope of their jurisdiction, without broadening their authority statewide.
Author (4)
John Lujan
Marc LaHood
Elizabeth Campos
Ray Lopez
Sponsor (1)
Peter Flores
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1866 is not expected to have a significant fiscal impact on the state of Texas. The bill's provisions, which grant federal National Park Service law enforcement officers limited authority to enforce Texas law within national parks and recreation areas, are not anticipated to require substantial state resources for implementation or oversight.

The LBB assumes that any associated costs or savings resulting from the bill would be minimal. Since the bill does not expand state agency personnel, require new infrastructure, or mandate new programs, it avoids triggering major expenditures. Additionally, it leverages existing federal personnel and resources without introducing new obligations for state-funded enforcement.

Similarly, no fiscal impact is anticipated for local government entities. The responsibilities and authority granted under the bill apply only within federal jurisdictions and do not shift costs or duties to county sheriffs, municipal police departments, or other local entities. Therefore, HB 1866 presents itself as a fiscally neutral measure that enhances coordination between federal and state law enforcement without imposing financial burdens on Texas taxpayers or local jurisdictions.

Vote Recommendation Notes

HB 1866 aims to enhance public safety in Texas national parks by expanding the authority of federal National Park Service (NPS) law enforcement officers. Specifically, it grants these federal officers the power to execute Texas arrest and search warrants and authorizes them to carry out mental health detentions under Chapters 573 and 574 of the Health and Safety Code. While the bill is narrowly tailored to apply only within federally managed lands such as national parks and does not designate NPS officers as Texas peace officers, it nonetheless introduces a significant shift in the state’s approach to law enforcement authority.

Despite the bill’s intent to address real public safety concerns, particularly at the San Antonio Missions National Historical Park, opponents may reasonably object to the statutory expansion of policing powers to federal agents. Even within limited jurisdictions, allowing federal officers to exercise powers under state law risks undermining long-held principles of state sovereignty and limited government. These changes may appear minor on the surface, but could set a precedent for broader expansions of federal enforcement power under Texas law in the future.

A more appropriate and liberty-respecting alternative would be to address interagency coordination needs through memoranda of understanding (MOUs) between federal and local law enforcement agencies. MOUs preserve jurisdictional boundaries, maintain local oversight, and ensure situational flexibility without creating new statutory authority. They offer a targeted and responsive tool to improve public safety without growing government authority or blurring constitutional lines.

For these reasons, Texas Policy Research recommends that lawmakers vote NO on HB 1866. The concerns about federal overreach, expansion of policing powers, and the availability of non-statutory solutions outweigh the practical benefits offered by the bill. A collaborative, non-legislative path forward would better protect both public safety and foundational principles of governance.

  • Individual Liberty: The bill is intended to protect individuals and visitors within national parks by allowing quicker response to crimes and emergencies, particularly those involving mental health crises. However, expanding arrest and detention powers to federal officers under state law—even with limited jurisdiction—raises concerns about due process, oversight, and the use of coercive force by officers not accountable to Texas-based systems of review or discipline. For some, this could be seen as eroding individual liberty by allowing non-state actors to wield state powers.
  • Personal Responsibility: The bill does not meaningfully alter citizens’ responsibilities or expectations under the law. It simply expands the number of law enforcement actors who may intervene in enforcing those responsibilities. While it may improve enforcement efficiency, it does not impact the broader social value of promoting personal accountability through self-governance or community-led solutions.
  • Free Enterprise: The bill does not impose new regulations or requirements on businesses. However, by enhancing law enforcement presence in areas that are key to heritage tourism and outdoor commerce, it could have an indirect stabilizing effect on those economic activities by making them feel more secure. Still, it neither promotes nor restricts economic freedom in any significant way.
  • Private Property Rights: The bill is explicitly limited to federally managed lands—national parks and recreation areas—and does not affect private property. By helping deter vandalism, theft, or assault in those areas, it may help preserve nearby property values and reduce strain on local enforcement. However, it does not introduce any new protections or threats to private property rights.
  • Limited Government: This is the area of greatest concern. While the bill is framed carefully to avoid classifying NPS officers as Texas peace officers, it nonetheless expands the role of federal agents within state law enforcement. Granting federal employees powers under Texas law sets a precedent that weakens the principle of limited, clearly defined governmental authority. It raises questions about accountability, mission creep, and the proper jurisdictional boundaries between state and federal governments—all key considerations for those who support small, decentralized government.
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