By: Bailey H.B. No. 351
73R1820 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of school campus peace officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 2.12, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 2.12. Who Are Peace Officers. The following are peace
1-7 officers:
1-8 (1) sheriffs and their deputies;
1-9 (2) constables and deputy constables;
1-10 (3) marshals or police officers of an incorporated
1-11 city, town, or village;
1-12 (4) rangers and officers commissioned by the Public
1-13 Safety Commission and the Director of the Department of Public
1-14 Safety;
1-15 (5) investigators of the district attorneys', criminal
1-16 district attorneys', and county attorneys' offices;
1-17 (6) law enforcement agents of the Texas Alcoholic
1-18 Beverage Commission;
1-19 (7) each member of an arson investigating unit
1-20 commissioned by a city, a county, or the state;
1-21 (8) officers commissioned under Section 21.483,
1-22 Education Code, or Subchapter E, Chapter 51, Education Code;
1-23 (9) officers commissioned by the State Purchasing and
1-24 General Services Commission;
2-1 (10) law enforcement officers commissioned by the
2-2 Parks and Wildlife Commission;
2-3 (11) airport police officers commissioned by a city
2-4 with a population of more than one million, according to the most
2-5 recent federal census, that operates an airport that serves
2-6 commercial air carriers;
2-7 (12) airport security personnel commissioned as peace
2-8 officers by the governing body of any political subdivision of this
2-9 state, other than a city described by Subdivision (11), that
2-10 operates an airport that serves commercial air carriers;
2-11 (13) municipal park and recreational patrolmen and
2-12 security officers;
2-13 (14) security officers commissioned as peace officers
2-14 by the State Treasurer;
2-15 (15) officers commissioned by a water control and
2-16 improvement district under Section 51.132, Water Code;
2-17 (16) officers commissioned by a board of trustees
2-18 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-19 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-20 (17) investigators commissioned by the Texas State
2-21 Board of Medical Examiners;
2-22 (18) officers commissioned by the board of managers of
2-23 the Dallas County Hospital District, the Tarrant County Hospital
2-24 District, or the Bexar County Hospital District under Section
2-25 281.057, Health and Safety Code;
2-26 (19) county park rangers commissioned under Subchapter
2-27 E, Chapter 351, Local Government Code;
3-1 (20) investigators employed by the Texas Racing
3-2 Commission;
3-3 (21) officers commissioned by the State Board of
3-4 Pharmacy;
3-5 (22) officers commissioned by the governing body of a
3-6 metropolitan rapid transit authority under Section 13, Chapter 141,
3-7 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
3-8 Vernon's Texas Civil Statutes), or by a regional transportation
3-9 authority under Section 10, Chapter 683, Acts of the 66th
3-10 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
3-11 Civil Statutes);
3-12 (23) officers commissioned by the Texas High-Speed
3-13 Rail Authority;
3-14 (24) investigators commissioned by the attorney
3-15 general under Section 402.009, Government Code; and
3-16 (25) security officers and investigators commissioned
3-17 as peace officers under the State Lottery Act.
3-18 SECTION 2. Section 21.483, Education Code, is amended to
3-19 read as follows:
3-20 Sec. 21.483. SCHOOL CAMPUS PEACE OFFICERS <SECURITY
3-21 PERSONNEL>. (a) The board of trustees of any school district may
3-22 employ and commission peace officers <campus security personnel>
3-23 for the purpose of carrying out the provisions of this subchapter
3-24 <and if the board of trustees authorizes any officer to bear arms
3-25 then they must commission them as peace officers>. The primary
3-26 jurisdiction of a peace officer commissioned under this section
3-27 includes all counties in which property is owned, leased, rented,
4-1 or otherwise under the control of the school district.
4-2 (b) Within a peace officer's primary jurisdiction, a peace
4-3 officer commissioned under this section:
4-4 (1) is vested with all the powers, privileges, and
4-5 immunities of peace officers;
4-6 (2) may, in accordance with Chapter 14, Code of
4-7 Criminal Procedure, arrest without a warrant any person who
4-8 violates a law of the state; and
4-9 (3) may enforce all traffic laws on streets and
4-10 highways.
4-11 (c) Outside a peace officer's primary jurisdiction a peace
4-12 officer commissioned under this section is vested with all the
4-13 powers, privileges, and immunities of peace officers and may arrest
4-14 any person who violates any law of the state if the peace officer:
4-15 (1) is summoned by another law enforcement agency to
4-16 provide assistance;
4-17 (2) is assisting another law enforcement agency; or
4-18 (3) is otherwise performing the officer's duties as a
4-19 peace officer for the school district that employs the peace
4-20 officer <Any officer commissioned under this section is vested
4-21 with all the powers, privileges, and immunities of peace officers
4-22 while on the property under the control and jurisdiction of the
4-23 district or otherwise in the performance of his duties>.
4-24 (d) Any officer assigned to duty and commissioned shall take
4-25 and file the oath required of peace officers, and shall execute and
4-26 file a good and sufficient bond in the sum of $1,000, payable to
4-27 the board of trustees, with two or more good and sufficient
5-1 sureties, conditioned that he will fairly, impartially, and
5-2 faithfully perform all the duties that may be required of him by
5-3 law. The bond may be sued on from time to time in the name of any
5-4 person injured until the whole amount of the bond is recovered.
5-5 (e) Any peace officer commissioned under this section must
5-6 meet all minimum standards for peace officers established by the
5-7 Commission on Law Enforcement Officer Standards and Education
5-8 within one year of his commission, or his commission shall
5-9 automatically expire.
5-10 SECTION 3. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.