1-1  By:  Hernandez, Bailey, et al.                         H.B. No. 633
    1-2       (Senate Sponsor - Whitmire)
    1-3        (In the Senate - Received from the House April 13, 1993;
    1-4  April 14, 1993, read first time and referred to Committee on
    1-5  Intergovernmental Relations; April 22, 1993, reported favorably by
    1-6  the following vote:  Yeas 8, Nays 0; April 22, 1993, sent to
    1-7  printer.)
    1-8                            COMMITTEE VOTE
    1-9                          Yea     Nay      PNV      Absent 
   1-10        Armbrister         x                               
   1-11        Leedom             x                               
   1-12        Carriker                                           
   1-13        Henderson                                          
   1-14        Madla              x                               
   1-15        Moncrief           x                               
   1-16        Patterson          x                               
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20        Whitmire                                           
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the commission and duties of school district peace
   1-24  officers.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 21.483, Education Code, is amended to
   1-27  read as follows:
   1-28        Sec. 21.483.  SCHOOL DISTRICT PEACE OFFICERS <CAMPUS SECURITY
   1-29  PERSONNEL>.  (a)  The board of trustees of any school district may
   1-30  employ and commission peace officers <campus security personnel>
   1-31  for the purpose of carrying out the provisions of this subchapter.
   1-32  The jurisdiction of a peace officer commissioned under this section
   1-33  shall be determined by the board of trustees and may include all
   1-34  territory in the boundaries of the school district and all
   1-35  property, real and personal, outside the boundaries of the district
   1-36  that is owned, leased, or rented by or otherwise under the control
   1-37  of the school district and the board of trustees that employ the
   1-38  peace officer.
   1-39        (b)  In a peace officer's jurisdiction, a peace officer
   1-40  commissioned under this section:
   1-41              (1)  has the powers, privileges, and immunities of
   1-42  peace officers;
   1-43              (2)  may enforce all laws, including municipal
   1-44  ordinances, county ordinances, and state laws; and
   1-45              (3)  may, in accordance with Chapter 52, Family Code,
   1-46  take a juvenile into custody.
   1-47        (c)  A school district peace officer may provide assistance
   1-48  to another law enforcement agency.  A school district may contract
   1-49  with a political subdivision for the jurisdiction of a school
   1-50  district peace officer to include all territory in the jurisdiction
   1-51  of the political subdivision.
   1-52        (d)  A school district peace officer shall perform
   1-53  administrative and law enforcement duties for the school district
   1-54  as determined by the board of trustees of the school district.
   1-55  These duties must include protecting:
   1-56              (1)  the safety and welfare of any person in the
   1-57  jurisdiction of the peace officer; and
   1-58              (2)  the property, real and personal, of the school
   1-59  district.
   1-60        (e)  The board of trustees of the district shall determine
   1-61  the scope of the on-duty and off-duty law enforcement activities of
   1-62  school district peace officers.  A school district must authorize
   1-63  in writing any off-duty law enforcement activities performed by a
   1-64  school district peace officer.
   1-65        (f)  A school district police department and the law
   1-66  enforcement agencies with which it has overlapping jurisdiction
   1-67  shall enter into a memorandum of understanding that outlines
   1-68  reasonable communication and coordination efforts among the
    2-1  department and the agencies.
    2-2        (g)  <and if the board of trustees authorizes any officer to
    2-3  bear arms then they must commission them as peace officers.  Any
    2-4  officer commissioned under this section is vested with all the
    2-5  powers, privileges, and immunities of peace officers while on the
    2-6  property under the control and jurisdiction of the district or
    2-7  otherwise in the performance of his duties.>  Any officer assigned
    2-8  to duty and commissioned shall take and file the oath required of
    2-9  peace officers, and shall execute and file a good and sufficient
   2-10  bond in the sum of $1,000, payable to the board of trustees, with
   2-11  two or more good and sufficient sureties, conditioned that he will
   2-12  fairly, impartially, and faithfully perform all the duties that may
   2-13  be required of him by law.  The bond may be sued on from time to
   2-14  time in the name of any person injured until the whole amount of
   2-15  the bond is recovered.  Any peace officer commissioned under this
   2-16  section must meet all minimum standards for peace officers
   2-17  established by the Commission on Law Enforcement Officer Standards
   2-18  and Education <within one year of his commission, or his commission
   2-19  shall automatically expire>.
   2-20        (h)  In this section, "political subdivision" means a county,
   2-21  municipality, special district, school district, junior college
   2-22  district, or other legally constituted political subdivision of the
   2-23  state.
   2-24        SECTION 2.  Section 52.01(a), Family Code, is amended to read
   2-25  as follows:
   2-26        (a)  A child may be taken into custody:
   2-27              (1)  pursuant to an order of the juvenile court under
   2-28  the provisions of this subtitle;
   2-29              (2)  pursuant to the laws of arrest;
   2-30              (3)  by a law-enforcement officer, including a school
   2-31  district peace officer commissioned under Section 21.483, Education
   2-32  Code, if there are reasonable grounds to believe that the child has
   2-33  engaged in delinquent conduct or conduct indicating a need for
   2-34  supervision; or
   2-35              (4)  by a probation officer if there are reasonable
   2-36  grounds to believe that the child has violated a condition of
   2-37  probation imposed by the juvenile court.
   2-38        SECTION 3.  The importance of this legislation and the
   2-39  crowded condition of the calendars in both houses create an
   2-40  emergency and an imperative public necessity that the
   2-41  constitutional rule requiring bills to be read on three several
   2-42  days in each house be suspended, and this rule is hereby suspended,
   2-43  and that this Act take effect and be in force from and after its
   2-44  passage, and it is so enacted.
   2-45                               * * * * *
   2-46                                                         Austin,
   2-47  Texas
   2-48                                                         April 22, 1993
   2-49  Hon. Bob Bullock
   2-50  President of the Senate
   2-51  Sir:
   2-52  We, your Committee on Intergovernmental Relations to which was
   2-53  referred H.B. No. 633, have had the same under consideration, and I
   2-54  am instructed to report it back to the Senate with the
   2-55  recommendation that it do pass and be printed.
   2-56                                                         Armbrister,
   2-57  Chairman
   2-58                               * * * * *
   2-59                               WITNESSES
   2-60                                                  FOR   AGAINST  ON
   2-61  ___________________________________________________________________
   2-62  Name:  Sandy Kibby                               x
   2-63  Representing:  Tx Parent Teacher Association
   2-64  City:  Austin
   2-65  -------------------------------------------------------------------
   2-66  Name:  Lloyd D. Choice                           x
   2-67  Representing:  Houston ISD
   2-68  City:  Houston
   2-69  -------------------------------------------------------------------
   2-70  Name:  Ross Schulle                                            x
    3-1  Representing:  Tx Comm. on Law Enforcement
    3-2  City:  Austin
    3-3  -------------------------------------------------------------------
    3-4  Name:  Thomas Nichols                            x
    3-5  Representing:  Tx Assoc. School District
    3-6  City:  Lubbock
    3-7  -------------------------------------------------------------------
    3-8  Name:  Thomas W. Pierson                         x
    3-9  Representing:  Pasadena ISD
   3-10  City:  LaPorte
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   3-12  Name:  Jeff Ward                                 x
   3-13  Representing:  Tx Assoc. school dist police
   3-14  City:  San Antonio
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   3-16  Name:  Jim Lyde                                  x
   3-17  Representing:  TML
   3-18  City:  Austin
   3-19  -------------------------------------------------------------------
   3-20  Name:  Les Burton                                x
   3-21  Representing:  Houston ISD
   3-22  City:  Houston
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   3-24  Name:  Charles Brawner                           x
   3-25  Representing:  Tx Assoc of School dist poli
   3-26  City:  Katy
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   3-28  Name:  Alan Bragg                                x
   3-29  Representing:  Spring ISD Police Dept
   3-30  City:  Houston
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   3-32  Name:  Eugene A. Lewis, Jr.                      x
   3-33  Representing:  Galveston ISD
   3-34  City:  Galveston
   3-35  -------------------------------------------------------------------
   3-36  Name:  Jack Campbell                             x
   3-37  Representing:  Tx Assoc. of School Administra
   3-38  City:  Austin
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   3-40  Name:  Mike Howard                               x
   3-41  Representing:  Houston Police Patrolmen's un
   3-42  City:  Houston
   3-43  -------------------------------------------------------------------
   3-44  Name:  Paula Arnold                              x
   3-45  Representing:  Houston ISD
   3-46  City:  Houston
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