HB1866

Regular Session

Relating to the state law enforcement authority of federal National Park Service law enforcement officers.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

National Park Service (Commissioned Law Enforcement Officers)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect triggered by supermajority vote).
Compliance Deadline: Immediate. Protocols for law enforcement interaction must be updated now.
Agency Rulemaking: No formal rulemaking is required by the statute. However, operational "gray zones" regarding custody transfers will persist until local Memorandums of Understanding (MOUs) are established between NPS and local County Sheriffs.

Immediate Action Plan

Immediate Notification: Issue a bulletin to all facility managers and fleet directors operating in/near NPS lands: "Treat NPS Rangers as Texas State Police immediately."
Update Emergency Contacts: Revise crisis management lists to include NPS dispatch as a primary contact for mental health detentions and state-level crimes.
Review Insurance: Verify Employment Practices Liability Insurance (EPLI) covers defense costs for employees arrested by federal agents for state crimes while on duty.
Audit Open Warrants: If you conduct background checks, be aware that NPS officers can now execute outstanding state warrants. Personnel with active warrants should not be scheduled for shifts on federal land.

Operational Changes Required

Contracts

Vendor Agreements: Update Master Service Agreements (MSAs) for logistics and delivery vendors entering federal lands. Clauses requiring compliance with "lawful orders" must now explicitly include NPS officers enforcing state traffic and penal codes.
Concessionaire Contracts: Review "Compliance with Laws" sections. A breach of state law cited by an NPS officer now constitutes a direct violation of operational standards, potentially triggering contract termination clauses with the Department of the Interior.

Hiring/Training

Site Management & Security: Train on-site managers and private security personnel that NPS officers have jurisdiction over state offenses (theft, assault, public intoxication). Do not delay processing by waiting for Sheriff or DPS intervention; NPS authority is sufficient for arrest and removal.
Crisis Response: Update Emergency Action Plans (EAPs). For employees or guests experiencing a mental health crisis, NPS officers are now authorized to initiate emergency detention under Texas Health and Safety Code Chapters 573 and 574.

Reporting & Record-Keeping

Incident Logs: Modify internal incident reporting forms. The field for "Arresting Agency" must accommodate "National Park Service" for state-level offenses.
Custody Transfer: Ensure security logs accurately reflect that subjects detained by private security were transferred to federal agents acting under state authority to mitigate false imprisonment liability.

Fees & Costs

No Direct Fees: There are no new statutory fees.
Indirect Costs: Anticipate potential legal costs associated with jurisdictional challenges if arrests occur on federal lands not explicitly designated as a "Park" or "Recreation Area" (see Strategic Ambiguities below).

Strategic Ambiguities & Considerations

Scope of "Federal Land": The statute explicitly cites "National Parks" and "National Recreation Areas." It does not explicitly name National *Preserves* (e.g., Big Thicket) or National *Monuments*. Warning: NPS officers may attempt to exercise this authority in all NPS-managed units. Businesses operating in Preserves or Monuments should prepare to challenge jurisdiction if an arrest occurs, as the statutory language is narrow.
Jail Admission Protocols: The law does not mandate county jails to accept prisoners from federal agents on state charges without specific processing agreements. Expect delays in booking and bail processing for employees arrested by NPS officers until local county-federal administrative workflows are stabilized.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--general Historic Preservation & Museums Law Enforcement Parks & Wildlife Parks & Wildlife--parks State Agencies, Boards & Commissions Arrest Warrants Search Warrants Federal Relations

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 1866

By: Lujan

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The San Antonio Missions National Historical Park (NHP) serves as the state's only UNESCO World Heritage site and is a significant driver of tourism and economic activity. According to a National Park Service report, the San Antonio Missions NHP attracted approximately 1.2 million visitors in 2023, generating an estimated $150 million in economic benefit for the San Antonio region. The bill author has informed the committee that the San Antonio Missions NHP has experienced a troubling increase in criminal activity that negatively impacts visitors, staff, and the local tourism industry, as well as graffiti and defacement of historic structures that threaten irreplaceable cultural landmarks and lead to rising repair and restoration costs that divert essential resources away from preservation efforts.

While National Park Service (NPS) law enforcement officers are responsible for safeguarding national park sites, they are not currently classified as peace officers under state law, which restricts their ability to independently enforce state criminal laws. The bill author has informed the committee that NPS law enforcement officers must often rely on local law enforcement agencies for assistance, which can cause delays in responding to criminal activity and allow some criminals to evade prosecution. The 76th Texas Legislature granted limited state law enforcement authority to NPS law enforcement officers, but more can be done to strengthen their ability to effectively address growing safety concerns at Texas national parks. H.B. 1866 seeks to grant NPS officers certain additional state law enforcement authority in order to improve the protection and safety of national park sites across Texas.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1866 amends the Code of Criminal Procedure to grant a commissioned law enforcement officer of the National Park Service the following powers:

·the power to execute any arrest warrant or search warrant issued under state law; and

·the powers granted to a peace officer by Texas Mental Health Code provisions relating to emergency detention and court-ordered mental health services.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

House Authors

Rep. John LujanRepublican · Primary Author

Joint Authors

Senate Sponsor

Sen. Peter FloresRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 1866

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the state law enforcement authority of federal National
	Park Service law enforcement officers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 2A.002, Code of Criminal Procedure, is
	amended by amending Subsection (d) and adding Subsection (d-1) to
	read as follows:
	(d) A commissioned law enforcement officer of the National
	Park Service is not a peace officer under the laws of this state but
	has:
	(1) the powers of arrest, search, and seizure as to any
	offense under the laws of this state committed in a national park or
	national recreation area; and
	(2) within the boundaries of a national park or
	national recreation area:
	(A) the power to execute any arrest warrant or
	search warrant issued under the laws of this state; and
	(B) the powers granted to a peace officer by
	Chapters 573 and 574, Health and Safety Code.
	(d-1) For purposes of Subsection (d) [~~In this subsection~~],
	"national park or national recreation area" means a national park
	or national recreation area included in the National Park System as
	defined by 54 U.S.C. Section 100102.
	SECTION 2. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 25, 2025

TO:	Honorable Cole Hefner, Chair, House Committee on Homeland Security, Public Safety & Veterans' Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB1866 by Lujan (Relating to the state law enforcement authority of federal National Park Service law enforcement officers.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs and savings associated with the bill would be insignificant.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, MGol, CMA

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Frequently Asked Questions

Common questions about HB1866

What does Texas HB1866 do?

HB1866 grants federal National Park Service (NPS) officers full state police powers, including the authority to enforce state criminal laws, execute state arrest/search warrants, and conduct emergency mental health detentions. This legislation immediately alters the jurisdictional landscape for all businesses operating within Texas National Parks and National Recreation Areas, effectively designating NPS Rangers as state peace officers for operational purposes. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect triggered by supermajority vote).

Who authored HB1866?

HB1866 was authored by Texas Representative John Lujan during the Regular Session.

When was HB1866 signed into law?

HB1866 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB1866?

HB1866 is enforced by National Park Service (Commissioned Law Enforcement Officers).

How urgent is compliance with HB1866?

The compliance urgency for HB1866 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB1866?

The cost impact of HB1866 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB1866 address?

HB1866 addresses topics including criminal procedure, criminal procedure--general, historic preservation & museums, law enforcement and parks & wildlife.

Legislative data provided by LegiScanLast updated: November 25, 2025

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