HB 2363

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
neutral
Free Enterprise
negative
Property Rights
neutral
Personal Responsibility
negative
Limited Government
negative
Individual Liberty
Digest
HB 2363 amends Article 14.03(g) of the Texas Code of Criminal Procedure to expand the authority of certain peace officers commissioned by water control and improvement districts under Section 49.216 of the Water Code. The bill authorizes these officers, while outside their normal jurisdiction, to arrest without a warrant an individual who commits any offense within the officer’s presence or view. For violations of Subtitle C, Title 7, Transportation Code — which includes most traffic offenses — the bill restricts the officers' authority to act outside their jurisdiction only if the offense occurs in a county with a population of 500,000 or more where the employing district is located.

The purpose of the bill is to address operational difficulties faced by water control and improvement district police officers, such as those commissioned by the Elm Ridge Water District, who currently must cease enforcement actions at the edge of their district boundaries. By authorizing certain out-of-jurisdiction arrests, HB 2363 seeks to promote continuity of law enforcement and improve public safety, particularly in urban areas where district boundaries are close together.

As originally filed, HB 2363 would have amended Article 14.03(g)(2) to expand warrantless arrest authority to both municipal police officers, described under Article 2A.001(3), and water district peace officers, described under Article 2A.001(14). Under the filed version, officers could make traffic-related arrests outside their jurisdiction in any county where their employing municipality or district was located. The Committee Substitute narrowed the bill substantially. It removed municipal police officers from the scope of the expanded authority and limited traffic-related arrest authority to larger urban counties with populations of 500,000 or more. In addition, the Committee Substitute created a new Subdivision (2-a) in Article 14.03(g), rather than modifying the existing subdivision, providing clearer separation for the expanded authority within the statute.

The substitute reflects a more restrained and targeted approach compared to the originally filed version by limiting both the class of officers eligible for expanded arrest powers and the geographic reach of those powers for traffic-related offenses.
Author (2)
Jared Patterson
Richard Hayes
Co-Author (1)
Ryan Guillen
Fiscal Notes

According to the Legislative Budget Board (LBB), no fiscal implications to the State are anticipated from the implementation of HB 2363. This means the expanded authority for certain peace officers to conduct warrantless arrests outside their jurisdiction would not result in any additional costs or savings for state agencies or the state budget overall.

For local governments, the LBB also determined that no significant fiscal implication is anticipated. Although the bill gives more operational latitude to school district peace officers, it does not impose any new mandates requiring local expenditures or substantial new duties that would create a financial burden for municipalities or school districts. The exercise of the new authority would presumably occur within the normal course of law enforcement duties and budgets.

Overall, the fiscal analysis indicates that HB 2363 is a procedural change in law enforcement authority without a meaningful budgetary impact at either the state or local level.

Vote Recommendation Notes

HB 2363 seeks to expand the authority of peace officers commissioned by water control and improvement districts to make warrantless arrests outside their jurisdiction when an offense occurs in their presence. While the bill is intended to address real operational challenges for these officers and improve law enforcement continuity across jurisdictional boundaries, it substantially expands government power without sufficient built-in protections for individual liberty. By allowing officers to act outside their traditional jurisdiction, the legislation enlarges the scope of governmental authority, even if the expansion is geographically limited to larger counties.

Although the Legislative Budget Board notes that there is no anticipated fiscal impact on taxpayers​and no new regulatory burden is imposed on individuals or businesses, the core concern centers on liberty principles. Specifically, the unchecked extension of policing authority across boundaries risks infringing upon private property rights, individual liberty, and limited government — key tenets that should guide public safety policy. Without amendments adding procedural safeguards, such as requiring coordination with local law enforcement, limiting arrest powers to serious offenses, and mandating reporting of all out-of-jurisdiction arrests, the legislation remains misaligned with these principles.

Accordingly, Texas Policy Research recommends that lawmakers vote NO on HB 2363 unless amended as described above to restore balance by limiting the scope of these expanded powers and ensuring greater accountability.

  • Individual Liberty: The bill allows peace officers commissioned by water districts to make warrantless arrests outside their jurisdiction for offenses committed in their presence. While intended to close enforcement gaps, expanding the power to arrest outside traditional boundaries risks infringing on personal freedom, particularly without clear limitations or requirements for coordination with local authorities. Individuals could face interactions with officers they would not reasonably expect to have authority in a given area.
  • Personal Responsibility: The bill does not directly affect personal responsibility. It neither imposes new requirements on individuals to govern their behavior nor removes personal accountability for unlawful actions. It is focused entirely on procedural law enforcement authority.
  • Free Enterprise: The bill does not regulate businesses, markets, or commercial activities. It pertains solely to law enforcement's arrest powers and does not interfere with private enterprise, commerce, or contracts.
  • Private Property Rights: Granting officers expanded jurisdiction raises concerns that private property could be subjected to searches, stops, or arrests by officers outside of the locally authorized agencies. Although the authority is limited to observing offenses in the officer’s view, the expansion outside traditional jurisdiction still introduces a risk of government intrusion onto private property without the traditional local oversight.
  • Limited Government: At its core, this bill expands government power geographically, allowing law enforcement officials to act beyond their normal jurisdictions without new, corresponding checks. Although the practical use of this authority may be rare, philosophically, it enlarges government power without imposing proportionate new accountability measures. Thus, it moves away from the principle of strictly limited and locally controlled government authority.
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