89th Legislature

HB 3248

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3248 authorizes Defense Base Development Authorities (DBDAs) to employ and commission peace officers to maintain safety and enforce the law within the boundaries of property owned or controlled by the authority. These officers would have full peace officer powers, including the ability to prevent or abate offenses related to port functions, facilities, and operations, as granted under state and local law.

The bill adds Section 379B.0046 to the Local Government Code, outlining the scope of the DBDA's authority to hire and commission officers. It restricts their jurisdiction to DBDA-controlled property and ensures these officers have the legal authority specified in Chapter 14 of the Code of Criminal Procedure, which governs arrest and enforcement powers of peace officers in Texas.

In addition, the bill amends Article 2A.001 of the Code of Criminal Procedure, which lists all recognized categories of peace officers in the state. It adds DBDA-commissioned officers to this list, granting them formal recognition under Texas law alongside sheriffs, constables, and other specialized law enforcement agents.

The bill includes a conflict-preemption clause to ensure that, in case of conflict with other laws passed during the same legislative session, HB 3248’s provisions will prevail.
Author
Philip Cortez
Mark Dorazio
John Lujan
Ray Lopez
Sponsor
Peter Flores
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3248 is not expected to have any fiscal impact on the State of Texas. The bill simply grants authority to a Defense Base Development Authority (DBDA) to commission and employ peace officers for law enforcement purposes within DBDA-controlled property. Since the decision to implement this authority is left to the discretion of each DBDA, and no state funding or mandate is involved, there is no anticipated expenditure or revenue effect at the state level.

However, there may be fiscal implications for local Defense Base Development Authorities that choose to exercise the new authority. If a DBDA opts to employ and commission its own peace officers, it would incur costs related to salaries, training, equipment, benefits, and ongoing operational support for those officers. These costs would be borne solely by the DBDA and not subsidized by the state. The extent of local impact will vary based on each authority’s staffing decisions, budget capacity, and scope of operations.

Overall, while the bill offers operational flexibility and potential improvements in security for DBDA-managed facilities, it does not impose new financial burdens on the state and only carries optional, self-funded local costs.

Vote Recommendation Notes

HB 3248 addresses a practical and growing need for tailored law enforcement capabilities within properties operated by Defense Base Development Authorities (DBDAs), such as Port San Antonio. As noted in the bill analysis, Port San Antonio has transformed into a critical infrastructure hub for aerospace, cybersecurity, and high-tech commercial innovation, including projects involving the U.S. Department of Defense. Currently, DBDAs lack explicit statutory authority to commission their own peace officers, which creates operational and security vulnerabilities and places added pressure on already overburdened municipal and county police forces.

By amending the Local Government Code and the Code of Criminal Procedure, HB 3248 enables DBDA boards to commission peace officers with authority limited to the DBDA’s own property. These officers would have powers equivalent to other peace officers in the state for preventing or responding to threats within their jurisdiction. This narrow scope of jurisdiction ensures focused deployment of public safety resources without unnecessarily expanding law enforcement authority or infringing on broader community policing efforts.

From a fiscal standpoint, the Legislative Budget Board has concluded that there is no anticipated cost to the state, as the decision to hire peace officers lies entirely with each DBDA and would be locally funded. While DBDAs choosing to implement this authority may incur operational costs, these would be optional and internalized within the authority's own budget, not imposed on state or municipal taxpayers.

Given that the bill enhances security at sensitive defense facilities, respects local autonomy, poses no fiscal burden to the state, and does not create new criminal penalties or expand regulatory scope, HB 3248 aligns well with the principles of individual responsibility, local governance, and targeted public safety. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 3248.

  • Individual Liberty: The bill enhances individual liberty indirectly by providing a more specialized and responsive law enforcement presence within Defense Base Development Authority (DBDA) properties, such as Port San Antonio, where critical infrastructure and defense-related activity occur. In high-risk environments, a dedicated peace officer corps can deter threats, respond rapidly, and reduce overreliance on broader, often overstretched municipal police. Importantly, the bill does not grant new enforcement powers outside of DBDA-controlled property, meaning it avoids expanding the state's policing power over the general public.
  • Personal Responsibility: The bill allows DBDAs to assume more responsibility for the safety and security of their own jurisdictions rather than relying entirely on outside law enforcement. This aligns with the principle that local or quasi-local entities should manage their own affairs and bear the costs of doing so. By enabling the hiring of peace officers, DBDA boards can more directly address the unique safety needs of their complex and often sensitive operations.
  • Free Enterprise: The bill’s impact on free enterprise is limited but potentially positive. It facilitates a secure operating environment for commercial tenants engaged in high-tech, defense, aerospace, or logistics activities within DBDA zones. Businesses benefit from better on-site security, which can attract investment and partnerships. However, because this is a public sector expansion (creating another category of peace officer), it does not reduce government footprint or introduce private-sector alternatives, keeping the impact neutral overall.
  • Private Property Rights: The bill explicitly limits the jurisdiction of DBDA-commissioned peace officers to property “owned or controlled by the authority.” This clear boundary prevents any encroachment on adjacent private properties, avoiding potential overreach or abuse. The bill respects property rights by ensuring that enforcement authority stops at the DBDA's own fence line, preserving private landowner autonomy nearby.
  • Limited Government: While the bill is narrowly tailored and does not impose a mandate, it does add another category of government-commissioned peace officers to an already extensive list under Texas law. This trend could incrementally expand government policing structures. To align more strongly with limited government principles, the bill could be improved with safeguards, such as sunset provisions, reporting requirements, or coordination protocols with local law enforcement. These additions would ensure transparency and prevent unnecessary duplication of services.
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