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 -------------------------------------------------------------------