1-1  By:  Leedom                                            S.B. No. 149
    1-2        (In the Senate - Filed January 20, 1993; January 21, 1993,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; March 17, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 8, Nays 0;
    1-6  March 17, 1993, sent 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 SUBSTITUTE FOR S.B. No. 149                   By:  Leedom
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to commissioning peace officers to protect persons and
   1-24  property at housing authorities.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subchapter D, Chapter 392, Local Government Code,
   1-27  is amended by adding section 392.066 to read as follows:
   1-28        Sec. 392.066.  PEACE OFFICERS.  (a)  A municipality in which
   1-29  a housing authority is operated may commission and employ peace
   1-30  officers to protect persons and property at housing projects
   1-31  operated by the authority and located within the territorial
   1-32  boundaries of the municipality.
   1-33        (b)  A person may not be commissioned as a peace officer
   1-34  under this section unless the person meets all standards for
   1-35  licensing as a peace officer established by the Commission on Law
   1-36  Enforcement Officer Standards and Education.
   1-37        (c)  The primary jurisdiction of a peace officer commissioned
   1-38  by a municipality under this section includes:
   1-39              (1)  the property of a housing project located within
   1-40  the territorial boundaries of the municipality; and
   1-41              (2)  any public street or alley that is contiguous to
   1-42  property of a housing project but does not extend beyond the
   1-43  property of the housing project.
   1-44        (d)  Within a peace officer's primary jurisdiction, a peace
   1-45  officer commissioned under this section:
   1-46              (1)  is vested with all the powers, privileges, and
   1-47  immunities of peace officers;
   1-48              (2)  may, in accordance with Chapter 14, Code of
   1-49  Criminal Procedure, arrest without a warrant any person who
   1-50  violates a law of the state; and
   1-51              (3)  may enforce all traffic laws on streets and
   1-52  highways.
   1-53        (e)  Outside a peace officer's primary jurisdiction, a peace
   1-54  officer commissioned under this section is vested with all the
   1-55  powers, privileges, and immunities of peace officers and may arrest
   1-56  any person who violates any law of the state if the peace officer:
   1-57              (1)  is summoned by a law enforcement agency to provide
   1-58  assistance; or
   1-59              (2)  is assisting a law enforcement agency.
   1-60        SECTION 2.  Article 2.12, Code of Criminal Procedure, is
   1-61  amended to read as follows:
   1-62        Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
   1-63  officers:
   1-64              (1)  sheriffs and their deputies;
   1-65              (2)  constables and deputy constables;
   1-66              (3)  marshals or police officers of an incorporated
   1-67  city, town, or village;
   1-68              (4)  rangers and officers commissioned by the Public
    2-1  Safety Commission and the Director of the Department of Public
    2-2  Safety;
    2-3              (5)  investigators of the district attorneys', criminal
    2-4  district attorneys', and county attorneys' offices;
    2-5              (6)  law enforcement agents of the Texas Alcoholic
    2-6  Beverage Commission;
    2-7              (7)  each member of an arson investigating unit
    2-8  commissioned by a city, a county, or the state;
    2-9              (8)  officers commissioned under Subchapter E, Chapter
   2-10  51, Education Code;
   2-11              (9)  officers commissioned by the <State Purchasing
   2-12  and> General Services Commission;
   2-13              (10)  law enforcement officers commissioned by the
   2-14  Parks and Wildlife Commission;
   2-15              (11)  airport police officers commissioned by a city
   2-16  with a population of more than one million, according to the most
   2-17  recent federal census, that operates an airport that serves
   2-18  commercial air carriers;
   2-19              (12)  airport security personnel commissioned as peace
   2-20  officers by the governing body of any political subdivision of this
   2-21  state, other than a city described by Subdivision (11), that
   2-22  operates an airport that serves commercial air carriers;
   2-23              (13)  municipal park and recreational patrolmen and
   2-24  security officers;
   2-25              (14)  security officers commissioned as peace officers
   2-26  by the State Treasurer;
   2-27              (15)  officers commissioned by a water control and
   2-28  improvement district under Section 51.132, Water Code;
   2-29              (16)  officers commissioned by a board of trustees
   2-30  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   2-31  1961 (Article 1187f, Vernon's Texas Civil Statutes);
   2-32              (17)  investigators commissioned by the Texas State
   2-33  Board of Medical Examiners;
   2-34              (18)  officers commissioned by the board of managers of
   2-35  the Dallas County Hospital District, the Tarrant County Hospital
   2-36  District, or the Bexar County Hospital District under Section
   2-37  281.057, Health and Safety Code;
   2-38              (19)  county park rangers commissioned under Subchapter
   2-39  E, Chapter 351, Local Government Code;
   2-40              (20)  investigators employed by the Texas Racing
   2-41  Commission;
   2-42              (21)  officers commissioned by the State Board of
   2-43  Pharmacy;
   2-44              (22)  officers commissioned by the governing body of a
   2-45  metropolitan rapid transit authority under Section 13, Chapter 141,
   2-46  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   2-47  Vernon's Texas Civil Statutes), or by a regional transportation
   2-48  authority under Section 10, Chapter 683, Acts of the 66th
   2-49  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   2-50  Civil Statutes);
   2-51              (23)  officers commissioned by the Texas High-Speed
   2-52  Rail Authority;
   2-53              (24)  investigators commissioned by the attorney
   2-54  general under Section 402.009, Government Code; <and>
   2-55              (25)  security officers and investigators commissioned
   2-56  as peace officers under the State Lottery Act; and
   2-57              (26)  persons commissioned to protect persons and
   2-58  property at a housing authority under Section 392.066, Local
   2-59  Government Code.
   2-60        SECTION 3.  The importance of this legislation and the
   2-61  crowded condition of the calendars in both houses create an
   2-62  emergency and an imperative public necessity that the
   2-63  constitutional rule requiring bills to be read on three several
   2-64  days in each house be suspended, and this rule is hereby suspended,
   2-65  and that this Act take effect and be in force from and after its
   2-66  passage, and it is so enacted.
   2-67                               * * * * *
   2-68                                                         Austin,
   2-69  Texas
   2-70                                                         March 17, 1993
    3-1  Hon. Bob Bullock
    3-2  President of the Senate
    3-3  Sir:
    3-4  We, your Committee on Intergovernmental Relations to which was
    3-5  referred S.B. No. 149, have had the same under consideration, and I
    3-6  am instructed to report it back to the Senate with the
    3-7  recommendation that it do not pass, but that the Committee
    3-8  Substitute adopted in lieu thereof do pass and be printed.
    3-9                                                         Armbrister,
   3-10  Chairman
   3-11                               * * * * *
   3-12                               WITNESSES
   3-13                                                  FOR   AGAINST  ON
   3-14  ___________________________________________________________________
   3-15  Name:  Ross Schulle                                            x
   3-16  Representing:  Texas Commission on Law Enforc
   3-17  City:  Austin
   3-18  -------------------------------------------------------------------
   3-19  Name:  Billy Cryer                               x
   3-20  Representing:  Fraternal Order of Police #24
   3-21  City:  Dallas
   3-22  -------------------------------------------------------------------
   3-23  Name:  Larry Niemann                             x
   3-24  Representing:  Texas Apartment Association
   3-25  City:  Austin
   3-26  -------------------------------------------------------------------
   3-27  Name:  Mary Clark                                        x
   3-28  Representing:  CLEAT
   3-29  City:  Houston
   3-30  -------------------------------------------------------------------
   3-31  Name:  Kevin Seahill                                     x
   3-32  Representing:  Dallas Police Association
   3-33  City:  Dallas
   3-34  -------------------------------------------------------------------
   3-35  Name:  Judy Fries                                        x
   3-36  Representing:  Dallas Police Association
   3-37  City:  Dallas
   3-38  -------------------------------------------------------------------
   3-39  Name:  Tom Elliott                                       x
   3-40  Representing:  Dallas Police Association
   3-41  City:  Dallas
   3-42  -------------------------------------------------------------------