1-1  By:  Carriker                                          S.B. No. 157
    1-2        (In the Senate - Filed January 22, 1993; January 25, 1993,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; February 18, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  February 18, 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. 157                 By:  Carriker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to peace officers of medical facilities in certain
   1-24  municipalities.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subchapter A, Chapter 311, Health and Safety
   1-27  Code, is amended by adding Section 311.004 to read as follows:
   1-28        Sec. 311.004.  PEACE OFFICERS OF HOSPITALS IN CERTAIN
   1-29  MUNICIPALITIES.  (a)  A hospital in a municipality with a
   1-30  population of 50,000 or more may employ and commission a peace
   1-31  officer to protect the hospital.
   1-32        (b)  The primary jurisdiction of a peace officer commissioned
   1-33  by a hospital under this section includes:
   1-34              (1)  the property of the hospital; and
   1-35              (2)  any public street or alley that is contiguous to
   1-36  hospital property but not extending beyond the hospital property.
   1-37        (c)  Within a peace officer's primary jurisdiction, a peace
   1-38  officer commissioned under this section:
   1-39              (1)  is vested with all the powers, privileges, and
   1-40  immunities of peace officers;
   1-41              (2)  may, in accordance with Chapter 14, Code of
   1-42  Criminal Procedure, arrest without a warrant any person who
   1-43  violates a law of the state; and
   1-44              (3)  may enforce all traffic laws on streets and
   1-45  highways.
   1-46        (d)  Outside a peace officer's primary jurisdiction a peace
   1-47  officer commissioned under this section is vested with all the
   1-48  powers, privileges, and immunities of peace officers and may arrest
   1-49  any person who violates any law of the state if the peace officer:
   1-50              (1)  is summoned by a law enforcement agency to provide
   1-51  assistance; or
   1-52              (2)  is assisting a law enforcement agency.
   1-53        (e)  In this section, "hospital" means a general or a special
   1-54  hospital.
   1-55        SECTION 2.  Article 2.12, Code of Criminal Procedure, is
   1-56  amended to read as follows:
   1-57        Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
   1-58  officers:
   1-59              (1)  sheriffs and their deputies;
   1-60              (2)  constables and deputy constables;
   1-61              (3)  marshals or police officers of an incorporated
   1-62  city, town, or village;
   1-63              (4)  rangers and officers commissioned by the Public
   1-64  Safety Commission and the Director of the Department of Public
   1-65  Safety;
   1-66              (5)  investigators of the district attorneys', criminal
   1-67  district attorneys', and county attorneys' offices;
   1-68              (6)  law enforcement agents of the Texas Alcoholic
    2-1  Beverage Commission;
    2-2              (7)  each member of an arson investigating unit
    2-3  commissioned by a city, a county, or the state;
    2-4              (8)  officers commissioned under Subchapter E, Chapter
    2-5  51, Education Code;
    2-6              (9)  officers commissioned by the State Purchasing and
    2-7  General Services Commission;
    2-8              (10)  law enforcement officers commissioned by the
    2-9  Parks and Wildlife Commission;
   2-10              (11)  airport police officers commissioned by a city
   2-11  with a population of more than one million, according to the most
   2-12  recent federal census, that operates an airport that serves
   2-13  commercial air carriers;
   2-14              (12)  airport security personnel commissioned as peace
   2-15  officers by the governing body of any political subdivision of this
   2-16  state, other than a city described by Subdivision (11), that
   2-17  operates an airport that serves commercial air carriers;
   2-18              (13)  municipal park and recreational patrolmen and
   2-19  security officers;
   2-20              (14)  security officers commissioned as peace officers
   2-21  by the State Treasurer;
   2-22              (15)  officers commissioned by a water control and
   2-23  improvement district under Section 51.132, Water Code;
   2-24              (16)  officers commissioned by a board of trustees
   2-25  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   2-26  1961 (Article 1187f, Vernon's Texas Civil Statutes);
   2-27              (17)  investigators commissioned by the Texas State
   2-28  Board of Medical Examiners;
   2-29              (18)  officers commissioned by the board of managers of
   2-30  the Dallas County Hospital District, the Tarrant County Hospital
   2-31  District, or the Bexar County Hospital District under
   2-32  Section 281.057, Health and Safety Code;
   2-33              (19)  county park rangers commissioned under Subchapter
   2-34  E, Chapter 351, Local Government Code;
   2-35              (20)  investigators employed by the Texas Racing
   2-36  Commission;
   2-37              (21)  officers commissioned by the State Board of
   2-38  Pharmacy;
   2-39              (22)  officers commissioned by the governing body of a
   2-40  metropolitan rapid transit authority under Section 13, Chapter 141,
   2-41  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   2-42  Vernon's Texas Civil Statutes), or by a regional transportation
   2-43  authority under Section 10, Chapter 683, Acts of the 66th
   2-44  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   2-45  Civil Statutes);
   2-46              (23)  officers commissioned by the Texas High-Speed
   2-47  Rail Authority;
   2-48              (24)  investigators commissioned by the attorney
   2-49  general under Section 402.009, Government Code; <and>
   2-50              (25)  security officers and investigators commissioned
   2-51  as peace officers under the State Lottery Act; and
   2-52              (26)  officers commissioned by a hospital under Section
   2-53  311.004, Health and Safety Code.
   2-54        SECTION 3.  Section 51.214, Education Code, is repealed.
   2-55        SECTION 4.  The importance of this legislation and the
   2-56  crowded condition of the calendars in both houses create an
   2-57  emergency and an imperative public necessity that the
   2-58  constitutional rule requiring bills to be read on three several
   2-59  days in each house be suspended, and this rule is hereby suspended,
   2-60  and that this Act take effect and be in force from and after its
   2-61  passage, and it is so enacted.
   2-62                               * * * * *
   2-63                                                         Austin,
   2-64  Texas
   2-65                                                         February 18,
   2-66  1993
   2-67  Hon. Bob Bullock
   2-68  President of the Senate
   2-69  Sir:
   2-70  We, your Committee on Intergovernmental Relations to which was
    3-1  referred S.B. No. 157, have had the same under consideration, and I
    3-2  am instructed to report it back to the Senate with the
    3-3  recommendation that it do not pass, but that the Committee
    3-4  Substitute adopted in lieu thereof do pass and be printed.
    3-5                                                         Armbrister,
    3-6  Chairman
    3-7                               * * * * *
    3-8                               WITNESSES
    3-9                                                  FOR   AGAINST  ON
   3-10  ___________________________________________________________________
   3-11  Name:  David Marwitz                             x
   3-12  Representing:  Texas Hospital Association
   3-13  City:  Austin
   3-14  -------------------------------------------------------------------
   3-15  Name:  Roger P. Dickey                           x
   3-16  Representing:  Hendrick Medical Center
   3-17  City:  Abilene
   3-18  -------------------------------------------------------------------
   3-19  Name:  Charles Barrett                                         x
   3-20  Representing:  Texas Commission on Laws
   3-21      Enfo
   3-22  City:  Austin
   3-23  -------------------------------------------------------------------