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
3-11 -------------------------------------------------------------------
3-12 Name: Jeff Ward x
3-13 Representing: Tx Assoc. school dist police
3-14 City: San Antonio
3-15 -------------------------------------------------------------------
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
3-23 -------------------------------------------------------------------
3-24 Name: Charles Brawner x
3-25 Representing: Tx Assoc of School dist poli
3-26 City: Katy
3-27 -------------------------------------------------------------------
3-28 Name: Alan Bragg x
3-29 Representing: Spring ISD Police Dept
3-30 City: Houston
3-31 -------------------------------------------------------------------
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
3-39 -------------------------------------------------------------------
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
3-47 -------------------------------------------------------------------