1-1 By: Hunter of Taylor (Senate Sponsor - Carriker) H.B. No. 372
1-2 (In the Senate - Received from the House April 7, 1993;
1-3 April 13, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 12, 1993, reported favorably, as
1-5 amended, by the following vote: Yeas 8, Nays 0; May 12, 1993, sent
1-6 to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE AMENDMENT NO. 1 By: Carriker
1-21 Amend H.B. 372 as follows:
1-22 (1) On page 1, strike lines 43 through 45, and insert the
1-23 following:
1-24 "(2) any public street or alley that is contiguous to
1-25 hospital property but not extending beyond the hospital property.".
1-26 A BILL TO BE ENTITLED
1-27 AN ACT
1-28 relating to peace officers of hospitals in certain municipalities.
1-29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-30 SECTION 1. Subchapter A, Chapter 311, Health and Safety
1-31 Code, is amended by adding Section 311.004 to read as follows:
1-32 Sec. 311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN
1-33 MUNICIPALITIES. (a) A hospital in a municipality with a
1-34 population of 50,000 or more may employ and commission a peace
1-35 officer to protect the hospital.
1-36 (b) A hospital that commissions a peace officer under this
1-37 section shall pay all certification or licensing fees for the peace
1-38 officer license that are charged by the Commission on Law
1-39 Enforcement Officer Standards and Education.
1-40 (c) The primary jurisdiction of a peace officer commissioned
1-41 by a hospital under this section includes:
1-42 (1) the property of the hospital; and
1-43 (2) any part of a public street or alley that is
1-44 adjacent to but that does not extend beyond the property of the
1-45 hospital.
1-46 (d) Within a peace officer's primary jurisdiction, a peace
1-47 officer commissioned under this section:
1-48 (1) is vested with all the powers, privileges, and
1-49 immunities of peace officers;
1-50 (2) may, in accordance with Chapter 14, Code of
1-51 Criminal Procedure, arrest without a warrant any person who
1-52 violates a law of the state; and
1-53 (3) may enforce all traffic laws on streets and
1-54 highways.
1-55 (e) Outside a peace officer's primary jurisdiction a peace
1-56 officer commissioned under this section is vested with all the
1-57 powers, privileges, and immunities of peace officers and may arrest
1-58 any person who violates any law of the state if the peace officer:
1-59 (1) is summoned by a law enforcement agency to provide
1-60 assistance; or
1-61 (2) is assisting a law enforcement agency.
1-62 (f) In this section, "hospital" has the meaning assigned by
1-63 Section 311.031.
1-64 SECTION 2. Article 2.12, Code of Criminal Procedure, is
1-65 amended to read as follows:
1-66 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-67 officers:
1-68 (1) sheriffs and their deputies;
2-1 (2) constables and deputy constables;
2-2 (3) marshals or police officers of an incorporated
2-3 city, town, or village;
2-4 (4) rangers and officers commissioned by the Public
2-5 Safety Commission and the Director of the Department of Public
2-6 Safety;
2-7 (5) investigators of the district attorneys', criminal
2-8 district attorneys', and county attorneys' offices;
2-9 (6) law enforcement agents of the Texas Alcoholic
2-10 Beverage Commission;
2-11 (7) each member of an arson investigating unit
2-12 commissioned by a city, a county, or the state;
2-13 (8) officers commissioned under Subchapter E, Chapter
2-14 51, Education Code;
2-15 (9) officers commissioned by the <State Purchasing
2-16 and> General Services Commission;
2-17 (10) law enforcement officers commissioned by the
2-18 Parks and Wildlife Commission;
2-19 (11) airport police officers commissioned by a city
2-20 with a population of more than one million, according to the most
2-21 recent federal census, that operates an airport that serves
2-22 commercial air carriers;
2-23 (12) airport security personnel commissioned as peace
2-24 officers by the governing body of any political subdivision of this
2-25 state, other than a city described by Subdivision (11), that
2-26 operates an airport that serves commercial air carriers;
2-27 (13) municipal park and recreational patrolmen and
2-28 security officers;
2-29 (14) security officers commissioned as peace officers
2-30 by the State Treasurer;
2-31 (15) officers commissioned by a water control and
2-32 improvement district under Section 51.132, Water Code;
2-33 (16) officers commissioned by a board of trustees
2-34 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-35 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-36 (17) investigators commissioned by the Texas State
2-37 Board of Medical Examiners;
2-38 (18) officers commissioned by the board of managers of
2-39 the Dallas County Hospital District, the Tarrant County Hospital
2-40 District, or the Bexar County Hospital District under
2-41 Section 281.057, Health and Safety Code;
2-42 (19) county park rangers commissioned under Subchapter
2-43 E, Chapter 351, Local Government Code;
2-44 (20) investigators employed by the Texas Racing
2-45 Commission;
2-46 (21) officers commissioned by the State Board of
2-47 Pharmacy;
2-48 (22) officers commissioned by the governing body of a
2-49 metropolitan rapid transit authority under Section 13, Chapter 141,
2-50 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-51 Vernon's Texas Civil Statutes), or by a regional transportation
2-52 authority under Section 10, Chapter 683, Acts of the 66th
2-53 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-54 Civil Statutes);
2-55 (23) officers commissioned by the Texas High-Speed
2-56 Rail Authority;
2-57 (24) investigators commissioned by the attorney
2-58 general under Section 402.009, Government Code; <and>
2-59 (25) security officers and investigators commissioned
2-60 as peace officers under the State Lottery Act; and
2-61 (26) officers commissioned by a hospital under
2-62 Section 311.004, Health and Safety Code.
2-63 SECTION 3. Section 51.214, Education Code, is repealed.
2-64 SECTION 4. The importance of this legislation and the
2-65 crowded condition of the calendars in both houses create an
2-66 emergency and an imperative public necessity that the
2-67 constitutional rule requiring bills to be read on three several
2-68 days in each house be suspended, and this rule is hereby suspended,
2-69 and that this Act take effect and be in force from and after its
2-70 passage, and it is so enacted.
3-1 * * * * *
3-2 Austin,
3-3 Texas
3-4 May 12, 1993
3-5 Hon. Bob Bullock
3-6 President of the Senate
3-7 Sir:
3-8 We, your Committee on Intergovernmental Relations to which was
3-9 referred H.B. No. 372, have had the same under consideration, and I
3-10 am instructed to report it back to the Senate with the
3-11 recommendation that it do pass, as amended, and be printed.
3-12 Armbrister,
3-13 Chairman
3-14 * * * * *
3-15 WITNESSES
3-16 FOR AGAINST ON
3-17 ___________________________________________________________________
3-18 Name: Ross Schulle x
3-19 Representing: Tx Comm. on Law Enforcement
3-20 City: Austin
3-21 -------------------------------------------------------------------